City Council regular meeting — February 11, 2020

Background:

• City Council passed Resolution 18-92 Federal Congressional Action to Adopt Legislation for a Carbon Fee and Dividend Policy to Address Climate Change per Citizens Climate Lobby recommendation in April 2018.
• HR763 imposes a fee on the carbon content of fuels, including crude oil, natural gas, coal or any other product derived from those fuels that emit greenhouse gases into the atmosphere.
• HR763 includes exemptions for fuels used for agricultural or non-emitting purposes.
• HR763 exempts fuel used by the Armed Forces.
• HR763 includes rebates for facilities that capture and sequester carbon dioxide.
• HR763 includes border adjustment provisions that require certain fees or refunds for carbon-intensive products that are exported or imported.
• Support of this resolution and the recent Climate Emergency Resolution adopted on January 28, 2020, acknowledges that climate change is a critical and issuing a carbon fee and dividend would be an effective way to address carbon reduction. Committee(s):
• Sustainability Advisory Committee on Energy and the Environment unanimously approved the resolution at their November 2019 meeting. Pro(s):
• Supports Resolution 18-92 Federal Congressional Action to Adopt Legislation for a Carbon Fee and Dividend Policy to Address Climate Change Con(s):

None Fiscal Impact:

• None Councilman Haynes said that he could not support the House Bill 763 which Council is being asked to endorse. Speaking to the Sustainability Advisory Committee on Energy & the Environment in October, a representative with the Citizens Climate Lobby described the Bill as a meatless bone. While it’s true that it would do little to address the climate emergency, we are facing flaws that run much deeper than that. This Bill precludes the Environmental Protection Agency from regulating C02 emissions covered by the Bill for a period of ten years. Whether the Bill’s targets are being met will be assessed in the year 2030
• the same year that last year’s IPCC report says we need to have drastically reduced C02 emissions. Brett Harti of the Center for Biological Diversity stated “We don’t have a decade to cross our fingers and hope a huge giveaway to fossil fuel companies gets us out of the climate crisis.” It exempts the U.S.Military which is the largest institutional consumer of petroleum in the world. According to the Open Secrets website, 48 of the bill’s co-sponsors have taken money from the oil and gas industry and the Electric Utilities industry. We can no longer allow the fossil fuel and utility industries to help write legislation ensuring their self preservation while their actions continue to move the planet towards irreversible catastrophic changes to the environment. At our previous meeting this Council unanimously passed a climate emergency resolution calling for bold actions to combat the climate crisis. HR 763 fails to meet that challenge. He could not support this endorsement. Two individuals opposed the Bill. Six individuals spoke in support of the Bill.

Background:

• To provide board members of city managed boards (those that have a city employee staff liaison) with free annual transit passes.
• 238 annual passes to be issued in 2020.
• Annual passes have unlimited use on all ART (Asheville Rides Transit) bus routes.
• Annual passes expire at the end of the calendar year; new passes will be issued in January.
• The Clerk's Office will coordinate with the transit manager and committee staff liaisons to issue passes yearly.
• Board members will be required to return the annual pass at the end of their term, or at the time of resignation, so that the new (replacement) board member can have the pass. Committee(s):
• Boards & Commissions Council Committee- January, 14, 2020
• unanimous recommendation to forward to City Council Pro(s):
• Incentive and perk for board members who volunteer their time to serve on a city committee.
• Increased ridership and awareness of public transportation.
• Aid to alleviate parking and transportation barriers for board members to attend meetings. Con(s):
• Loss of revenue from annual passes distributed.

Fiscal Impact:

• If every member received an annual pass, the potential loss of revenue would be $52,360 (238 members x $220 fee); however, it is unlikely that all members will request an annual pass.

Background:

• The City has received a petition from property owner, Butel Two, LLC, to voluntarily annex a 2.01 acre property developed as a Holiday Inn and Suites and located at 9 Brian Boulevard (PIN #9643-85-3550), near the airport, in Buncombe County which is non-contiguous to the primary corporate limits of Asheville (the “Property”).
• N.C. Gen. Stat. sec 160A-58.1 permits a city to annex a non-contiguous area, however, if the area is closer to the primary corporate limits of another city/town than it is to the corporate limits of the city that is being asked to annex, then there must be an annexation agreement between the two municipalities which states that the city/town whose corporate limit is closer, will not seek to annex this area.
• It has been determined that the property for which annexation is requested is closer to the primary corporate limits of the Town of Fletcher than it is to the primary corporate limits of the City of Asheville, and therefore, the two municipalities would need to enter into an Annexation Agreement before the City could consider the requested annexation.
• N.C. Gen. Stat. sec. 160A-58.23 authorizes cities to enter into Annexation Agreements as long as they are of reasonable duration not to exceed 20 years and they are approved by ordinance of the governing board of each city.
• The Town of Fletcher has expressed its willingness to enter into an Annexation Agreement, valid for a period of 20 years, in which they agree not to seek to annex the Property. The Town of Fletcher considered an ordinance approving the agreement at its February 3rd Town Council meeting, at which time it was adopted unanimously.
• Approval of the Annexation Agreement by the City of Asheville does not bind it to annex the Property and the actual annexation would be considered at a later date and a separate public hearing. The property would also need to be rezoned (Lodging Expansion Conditional Zoning) in order to be annexed into the City. The annexation and rezoning process would be handled concurrently. Committee(s):
• None Pro(s):
• The Annexation Agreement with the Town of Fletcher would allow the City to annex the non-contiguous property if it so desires.
• The request to enter into an annexation agreement is a necessary step in order to be responsive to the petitioner’s request for voluntary annexation.
• The annexation of the Property, if approved, will provide the City with new property tax revenue. Con(s):
• None noted.

Fiscal Impact:

• If the property is annexed, the City would receive approximately $56,000 in property tax revenue based on the current value and tax rate.

Background:

• Jake Rusher Park has been identified to receive improvements in the approved GO Bond package. The neighborhood has provided input at several public meetings and the park is designed for the most desired amenities: restrooms, parking, and sports courts.
• Bids were advertised on December 19, 2019. The pre-bid meeting was held on January 7, 2020.
• The following four bids were received and formally opened on January 23, 2020:
• Carolina Specialties Construction, Hendersonville NC $828,157 base bid
• $975,274 with all alternates.
• J. Bartholomew Construction, Hendersonville NC, $859,500 base bid
• $990,500 with all alternates.
• Patton Construction, Asheville NC, $890,570 base bid
• $1,126,870 with all alternates.
• Sossamon Construction, Gaffney SC, $1,001,123 base bid
• $1,168,710 with all alternates.
• Alternates included 1) replacing existing deteriorating storm drainage; 2) providing one year maintenance for trees and shrubs; and 3) adding sports courts with fencing, furnishings, and goals; and 3) sidewalks to the courts.
• Carolina Specialties Construction was the lowest responsive, responsible bidder. The construction work will include all of the alternates and is estimated to take six to seven months.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women-owned business through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. The low bidder is not a MWBE, but will be contracting with three MWBE subcontractors. Committee(s):
• A project update was given to the Recreation Advisory Board on January 13, 2020. Pro(s):
• Provide needed park improvements for this South Asheville park.
• All bid alternates can be built with this bid. Con(s):

None Fiscal Impact:

• Funding for this contract is included in the approved GO Bond Capital budget and annual Parks and Recreation Capital Improvements Program budget.

Background:

• The Greater Asheville Regional Airport Authority has requested in writing that the City of Asheville regulate and administer parking at the airport.
• Public Safety staff at the airport will issue the citations and submit them to the City.
• N.C. Gen. Stat. § 160A-301(d) gives the City the authority to regulate and administer parking on privately-owned public vehicular areas.
• Regulate means to apply the parking regulations of Chapter 19, Article V, Division 1 of the City of Asheville Code of Ordinances.
• Administer means to process the actual citations as they are submitted.
• The City of Asheville provided this service several years ago and has the capacity to resume performing this function. Committee(s):
• Multi-Modal Transportation Commission
• January 22, 2020
• Unanimously approved
• Planning & Economic Development
• February 10, 2020
• Pending Pro(s):
• Enables the City to provide a service to another entity.
• Provides a good partnership opportunity.
• Citation revenue will exceed administration expenses. Con(s):

None Fiscal Impact:

• The cost to administer the program is about $3.50 per citation and the anticipated revenue per citation is $20.00. Revenue will exceed administration expenses.

Background:

• FTA Section 5303 Metropolitan Planning Program provides recurring funding for transit planning activities, including personnel.
• The City applied for and receives Section 5303 funding on a recurring basis. These funds are programmed annually to supplement a portion of existing transit division planning staff wages. The City receives $60,000 (80%) from FTA, and the City and NCDOT provide $7,500 each in matching funds (20%). Without these funds, the general fund would need to provide additional funding for transit personnel.
• Staff have applied for these funds since the application deadline was February 7, 2020 .
• If for some reason the Council does not authorize the application on February 11, 2020, staff will withdraw it.
• If awarded, staff will budget the funding in the proposed FY 20-21 transit administration budget to fund personnel. Committee(s):
• None Pro(s):
• Supplements funding for multiple transit planning positions.
• Enables the City of Asheville to leverage $67,500 in Federal and State funds to support transit planning activities. Con(s):
• The City is responsible for half of the 20% local match, which is $7,500.

Fiscal Impact:

• The required local match in the amount of $7,500 will be included in the proposed FY 2020-21 Transit Operating Budget.

Background:

• At the end of 2018, the City received the results of the Disparity Study which reviewed the participation of minority- and women-owned businesses in City contracting. This study showed substantial disparities in certain areas of contracting, especially in the African American community.
• Council identified this work as a priority and approved funding for this effort in this year's budget.
• This contract is the result of a Request for Proposals (RFP) issued by the Asheville Business Inclusion Office. Four proposals were received. Two of the proposals were not qualified to perform the work because they did not have work experience in the Relevant Geographic Market Area (as defined by the Disparity Study).
• ADE Project was selected as the most qualified vendor to perform the work.
• The contractor will lead groups, design, and deliver high
• quality technical assistance to the existing Relevant Market Area concentrating on small businesses and startups owned by African Americans as well as other minorities identified by the Disparity Study.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and targeted outreach by the City’s Business Inclusion Manager.
• The consultant selected is an African American vendor. Committee(s):
• N/A Pro(s):
• The disparity study provided substantial information that the City should prepare and better encourage the participation of minority- and women-owned businesses in its contracts, including sponsor workshops, training, and conferences that help minority- and women-owned businesses increase business experience and capacity to become actively involved in City contracting.
• ADE will provide such services on behalf of the City.
• The work will be done by an all African American led team of instructors. Con(s):

None Fiscal Impact:

• Funding for this contract exists within the approved Economic and Community Development Department budget.

Background:

• The Asheville Housing Authority has requested approval of issuance of up to $17,850,000 in multi-family housing revenue bonds to provide financing for the acquisition and rehabilitation of the Arrowhead Apartments, a 116 unit development for seniors (62+) built in 1979 which is located in four residential buildings at 100 Cheerio Lane in Asheville.
• The project is, and will continue to be, 100% subsidized under the Project-Based Section 8 Housing Assistance Program (“HAP Contract”) program of HUD and all units are affordable to and set aside for individuals with incomes at or below 60% of the AMI.
• The property will be acquired and renovated by Arrowhead Renewal LP, a North Carolina Limited Partnership, or an affiliated or related entity, via a 4% Low Income Housing Tax Credit (“LIHTC”) syndication financed by tax-exempt bonds issued by the Housing Authority.
• The proposed rehabilitation scope will completely overhaul the unit interiors-upgrading kitchens, bathrooms, living spaces, appliance and fixtures. The rehabilitation will also address mechanical systems such as HVAC, elevators, plumbing, electrical as well as roofing. The proposed renovation is expected to cost more than $40,000/unit.
• The IRS Code Section 147(f) requires that any bonds issued by the Housing Authority for developments such as this have the approval of the plan of financing by City Council, following a public hearing with respect to such plan. On November 7, 2019, the Housing Authority held a public hearing, and there were no comments.
• This approval by City Council does not obligate the City in any way to issue or pay for the bonds, or for any other debt undertaken by Arrowhead Renewal LP in connection with this project. Committee(s):
• None Pro(s):
• The significant rehabilitation of an existing 116 unit affordable housing development for seniors. Con(s):

None Fiscal Impact:

• As noted above, the approval of this bond issuance does not require City investment.

Streets Division Manager Chad Bandy said that this is the consideration of a resolution to permanently close an unopened right-of-way known as Oak Street. This public hearing was advertised on January 17, 24, 31 and February 7, 2020. Background:

• N. C. Gen. Stat. Sec 160A-299 grants cities the authority to permanently close streets and alleys.
• Nettlewood Associates LLC ( PIN # 9656-10-0957, 9656-10-0853, 9656-10-2829) has requested the closure. Nettlewood Associates LLC owns all adjoining parcels.
• This closure allows maximum land use potential for further development while complying with Living Asheville
• A Comprehensive Plan for Our Future. The ultimate plan is a surgical center. The closure is being pursued prior to the sale of the property. Committee(s):
• Multimodal Transportation Committee
• December 11, 2019
• Recommended closing the right-of-way by unanimous vote. Pro(s):
• The closure would allow for more efficient use of the existing adjacent properties.
• Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources Con(s):
• None noted.

Fiscal Impact:

• There will be no fiscal impact related to this closure. Mayor Manheimer opened the public hearing at 6:00 p.m., and when no one spoke, she closed the public hearing at 6:00 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.

Streets Division Manager Chad Bandy said that this is the consideration of a resolution to permanently close an unopened right-of-way between Midway Drive and Willis Way. This public hearing was advertised on January 17, 24, 31 and February 7, 2020. Background:

• N. C. Gen. Stat.Sec 160A-299 grants cities the authority to permanently close streets and alleys.
• Ted and Jessica Leaven have requested the closure and own both adjacent properties, 65 Ramoth Road and Midway Drive, PIN #s 7649-48-1087 and 9646-48-2076.
• This closure allows maximum land use potential for further development while complying with Living Asheville
• A Comprehensive Plan for our Future. The alley is between two parcels owned by the same owner. The owner is wanting to combine the two parcels into one. Part of the attached deck is in the right-of-way. Committee(s):
• Multimodal Transportation Committee
• December 11, 2019
• Recommended closing the unopened right-of-way by unanimous vote Pro(s):
• The closure would allow for more efficient use of the existing adjacent properties.
• Meets Council’s goals to promote sustainable, high density infill growth that makes efficient use of existing resources Con(s):
• None noted.

Fiscal Impact:

• There will be no fiscal impact related to this closure. Mayor Manheimer opened the public hearing at 6:03 p.m., and when no one spoke, she closed the public hearing at 6:03 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.

Streets Division Manager Chad Bandy said that this is the consideration of a resolution to permanently close an unopened alley off Federal Alley. This public hearing was advertised on January 17, 24, 31 and February 7, 2020. Background:

• N. C. Gen. Stat. Sec. 160A-299 grants cities the authority to permanently close streets and alleys.
• Asheland Properties LLC ( PIN # 9648-38-0052, 9648-37-1928, 9648-37-2825, 9648-37-2643) has requested the closure.
• This closure allows maximum land use potential for further development while complying with Living Asheville
• A Comprehensive Plan for Our Future. This is for the Asheland/Coxe development. This is a wide portion of right-of-way. This will allow the wider sidewalk to be constructed out to Federal Alley. Committee(s):
• Multimodal Transportation Committee
• December 11, 2019
• Recommended closing the right-of-way by unanimous vote. Pro(s):
• The closure will allow the Asheland/Coxe development to install sidewalk and trees along Federal Alley.
• Meets Council’s goals to promote sustainable high density infill growth that makes efficient use of existing resources Con(s):
• None noted.

Fiscal Impact:

• There will be no fiscal impact related to this closure. Mayor Manheimer opened the public hearing at 6:04 p.m. A woman who works in the adjacent building said they are about to lose parking spots when the apartments come in. Any opportunities to support the employees downtown who help with tourism would be appreciated. Mayor Manheimer closed the public hearing at 6:08 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.

Background:

• N. C. Gen. Stat. Sec 160A-299 grants cities the authority to permanently close streets and alleys.
• The City of Asheville has petitioned for this closure which is associated with the sale of City-owned property at 360 HIlliard Ave. (PIN # 9648-18-3942) and 9999 Merritt Park Lane (PIN# 9648-18-3669) to Hilliard Park Apartments, LLC for an affordable housing development.
• An unopened portion of Merritt Park Lane crosses the Merritt Park Lane property and runs along its eastern border.
• Upon closure, all of the portion of the unopened right-of-way that crosses the Merritt Park property will become the property of Hilliard Park Apartments, LLC and all of the unopened right-of-way along the eastern border of the Merritt Park property will become the property of the City as agreed to by Hilliard Park.
• As part of the purchase agreement, Hilliard Park has agreed to construct a public greenway which will run along the western border of the 360 Hilliard property as well as the northern portion of the Merritt Park property where the unopened right-of-way currently exists. Upon completion, the greenway area will be deeded back to the City.
• This closure allows maximum land use potential for further development while complying with Living Asheville
• A Comprehensive Plan for our Future. This is a multi-family residential building with 86 units, several of which are affordable units. Committee(s):
• Multimodal Transportation Committee
• January 22, 2020
• Recommended closing the right of way by unanimous vote. Pro(s):
• The closure would allow for more efficient use of the existing adjacent properties.
• A portion of the closed right of way on the Merritt Park property will be constructed as a public greenway.
• Meets Council’s goals to promote sustainable, high density infill growth that makes efficient use of existing resources Con(s):
• None noted.

Fiscal Impact:

• There will be no fiscal impact related to this closure.

Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Civic Center Commission. Kyle Smith resigned as a member of the Civic Center Commission, thus leaving an unexpired term until June 30, 2021. In addition, Sykes Lowe has resigned as a member of the Civic Center Commission, thus leaving an unexpired term until June 30, 2020. The following individuals applied for the vacancy: David Nutter, Lee Arevian, John Ellis, Steven M. Howard, Tony Micocci and Mukunda Pacifici. The Boards & Commissions Committee recommended appointment of John Ellis and Mukunda Pacifici.

Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Recreation Board. Mr. Justin Thompson resigned as a member of the Recreation Board, thus leaving an unexpired term until June 30, 2021. The following individuals applied for the vacancy: Craig Ruhland, Matt Lutz, Madison Brightwell, Bryce Senz, Elizabeth Lafitte, Shannon Rupert and James Barney. At the recommendation of the Recreation Board, the Boards & Commissions Committee recommended appointing Elizabeth Lafitte.

Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Urban Forestry Commission. Mr. Guillermo Rodriguez resigned, thus leaving an unexpired term until December 31, 2020. The following individuals applied for the vacancy: Robert Brown, Patricia Strang, Karen MacNeil, Callie Warner, Noah Poulos, Catherine Murphy and Perrin de Jong. At the request of the Urban Tree Commission, the Boards & Commissions Committee recommended appointing Perrin de Jong.