Asheville Council Votes
Public records of the Asheville City Council, made readable

City Council regular meeting — February 25, 2020

Asheville City Council recorded 11 votes at its regular meeting on February 25, 2020; none drew a no vote. Most items concerned Zoning & Land Use and Administrative.

Voting: Brian Haynes, Vijay Kapoor, Esther E. Manheimer, Julie Mayfield, Sheneika Smith, Gwen Wisler, Keith Young.

11recorded votes
0split votes
0failed
0members absent

All votes

Item II-A · Administrative · consent agenda

Approval of the minutes of the regular meeting held on February 11, 2020

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Vijay Kapoor

All members present voted yes.

Item II-B · RES 20-41 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to enter into a contract with Austin Construction and Grading Company for the Elsie's Bridge Greenway

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Vijay Kapoor

All members present voted yes.

Staff report summary

Background:

  • This project re-purposes a former road bridge to connect Depot Street to Ralph Street. The project includes construction of concrete trail path to include grading and erosion control, construction of concrete curb ramp and incidental concrete sidewalk, and refurbishment of bridge surface and installation of handrail.
  • Development of this facility will enable the neighborhood to connect to the future Town Branch Greenway.
  • Plans provide for a community garden on the corner of the City-owned property.
  • Expected construction duration is 90 days.

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 requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
  • A MWBE, Asheville Fence (Asheville Contracting Company Inc.) of Candler, NC, is a named subcontractor for this project.. Committee(s):
  • None Pro(s):
  • Development of this facility will enable the neighborhood to connect to the future Town Branch Greenway.
  • Plans provide for a community garden on the corner of the City-owned property. Con(s):

None Fiscal Impact:

  • Funding for this contract is already included in the 2016 General Obligation (G.O.) Bond Program.

Item II-C · RES 20-42 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to enter into a contract with Piedmont Utility

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Vijay Kapoor

All members present voted yes.

Staff report summary

Background:

  • The Reed Creek Greenway Extension is an extension of existing greenway facilities behind a planned mixed-use building construction. The project includes construction of asphalt trail path to include grading and erosion control, construction of concrete curb ramps and incidental concrete sidewalk, entrance monuments, and installation of handrail.
  • Development of the extension will ultimately span the stretch between Magnolia Avenue and Elizabeth Street.
  • Expected construction duration is 90 days.
  • The facilities behind the upcoming mixed-use building construction (from approximately West Chestnut Street bridge south to Elizabeth Street) will be constructed by the developer simultaneously with the building construction.

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.
  • No MWBE firms submitted bids with this prime contractor. Committee(s):
  • None Pro(s):
  • This project will extend the existing Reed Creek Greenway from Magnolia Avenue to Elizabeth Street. Con(s):

None Fiscal Impact:

  • Funding for this contract is already included in the 2016 General Obligation (G.O.) Bond Program.

Item II-D · RES 20-43 · Utilities & Infrastructure · Resolution · consent agenda

Resolution authorizing the City Manager to execute a contract with Hazen and Sawyer

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Vijay Kapoor

All members present voted yes.

Staff report summary

Background:

  • The Water Resources Department has identified the need for this project to address issues with discolored water that sometimes occurs after water main breaks or intermittent, large changes with system demand. The discolored water is a result of sediments, biofilms, and other deposits being scoured off the pipe walls when water velocities increase dramatically in a section of pipe. The dramatic increase in velocities is typically caused by main breaks and large demand changes.
  • A Unidirectional Flushing (UDF) Program is designed to create water velocities in sections of pipe needed to scour the deposits from the pipe walls in a controlled manner by isolating customers, manipulating valves, and utilizing fire hydrants or blow-offs to discharge the water in an environmentally safe manner.
  • Unidirectional Flushing is typically implemented over a percentage of the water system each year as a preventive maintenance measure. The methods of the UDF program can also be utilized during an emergency event where discolored water has been reported. Implementation of those methods will allow us to better isolate the issue to smaller parts of the system and to more effectively flush out any discolored water.
  • This contract will allow the development of a pilot study to be implemented over two areas of the water system with pipes of various age and types to determine the effectiveness of removing deposits from pipes in the City of Asheville’s water system. If the results of the pilot study are positive, a request for phase 2 of the program will be made to develop the program for the entire system.
  • Selection of the two pilot areas will be a function of the contract. The process will incorporate input from staff and the engineer. Each pilot area will include approximately 25 miles or less of pipe in a geographically distinct and easily isolated section of the distribution system, one where city crews have conducted a valve assessment and one that has not been covered in the valve assessment program.
  • Impact to customers will likely be possible discolored water. Customers will be notified prior to flushing. A "discolored water" template is being developed to utilize AVLAlerts for this exercise as well as normal system flushing. There will be the possibility of boiled water advisories during the flushing process which will be communicated prior to any flushing.
  • The duration for the actual flushing will be a few weeks for each area. The duration for the complete pilot study will be determined based on estimates from the consultant with the limitation of not to exceed $50,000.

Vendor Outreach Efforts:

  • Through a qualifications based selection process beginning in August of 2014, the City of Asheville Water Resources staff selected nine consulting firms to provide on-call professional services for an array of different types of water system General Projects. Hazen and Sawyer was one of the selected firms due to their expertise in areas of hydraulic modeling, water system analysis, and project development.
  • The City of Asheville entered into a master agreement with Hazen and Sawyer on April 22, 2015 for on-call professional services for General Projects valid for three years with the option to renew for two additional years. On April 23, 2018, the City of Asheville executed a renewal master agreement with Hazen and Sawyer for the additional two years of on-call professional services.
  • If approved, the proposed engineering services described here will be developed into a subcontract under the conditions of the master agreement.
  • City of Asheville Water Resources staff determined that utilizing the on-call professional services for General Projects was the best method to deliver this project and Hazen and Sawyer was the most qualified of the on-call firms to develop the UDF program.
  • No other vendor outreach was performed. Committee(s):
  • None Pro(s):
  • This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects to provide safe and reliable service.
  • Hazen and Sawyer has successfully provided engineering services for other water system improvement projects. Their experience with our water system and expertise in hydraulic modeling and other areas needed to produce an UDF program will be critical to a successful UDF program. Con(s):

None Fiscal Impact:

  • The funding needed for the professional services agreement is currently allocated within the Water Resources Capital Improvements Project Fund.

Item II-E · RES 20-44 · Administrative · Resolution · consent agenda

Resolution amending the 2020 City Council meeting schedule to add a City Council retreat

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Vijay Kapoor

All members present voted yes.

Item II-F · RES 20-45 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to execute a contract amendment with IBI Group

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Vijay Kapoor

All members present voted yes.

Staff report summary

Background:

  • In May 2019, City Council authorized the City Manager to enter into a contract in the amount of $278,000 with IBI Group, PC, Raleigh, NC, to conduct a facility study for the City’s operations and maintenance (O&M) centers. The study includes a space needs assessment for Public Works, Fleet, Parks Maintenance, and Facilities Maintenance. The study will evaluate the costs associated with relocating these service facilities and the impact to City operations and services.
  • The 2018 Transit Master Plan includes a projection for the year 2030 that increases the fleet from 26 to 52 buses and which would more than double the service hours. Additionally, it envisions a transition to 100% renewable energy within this timeframe.
  • The existing Transit Garage at 360 W. Haywood Street is at capacity and cannot accommodate the projected increase in the bus fleet and service hours without an investment in facilities.
  • A facility study is needed to evaluate the facilities costs associated with an expansion in transit services. The study will inform the City of the size of space required, potential cost for relocation, will help consider various maintenance delivery models, and life cycle costs associated with a new site if relocation were to occur. The study will include the funding requirements and budgetary cost estimates for a new location.
  • This firm was selected by a staff committee using a qualifications based selection process. It is anticipated that the findings from the study will be available in September.

Vendor Outreach Efforts:

  • Staff performed outreach to minority and women owned business through solicitation processes which included posting on the State’s Interactive Purchasing System and encouraging consultants to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. No MWBE firms submitted qualifications for consideration as the prime consultant. Committee(s):
  • None Pro(s):
  • Funds a key study critical to implementing the 2018 Transit Master Plan.
  • Performs a key planning task essential for an organization with a large facilities portfolio.
  • Considers possible efficiencies of facility co-location with other City operations. Con(s):

None Fiscal Impact:

  • The total cost for the ART Transit Garage study is a negotiated fee of $79,750. Funding for this study is already included in the adopted Transit Services Fund budget.

Item II-G · ORD 4791 · Public Safety · Ordinance · consent agenda

Budget amendment to accept private donations to purchase K-9 ballistic vests

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Vijay Kapoor

All members present voted yes.

Staff report summary

Background:

  • On October 11, 2019, a private donation was recorded in the amount of $4,000 which included a memo that the funds be used to purchase dog protective vests.
  • On November 26, 2019, a private donation was recorded in the amount of $1,000 which included a memo that the funds be used to purchase dog protective vests.
  • APD has researched different K-9 vests and received a quote to purchase 8 vests to outfit our entire K-9 team for a unit price less than the current state contract price of the chosen model of a vest.
  • APD is requesting the ability to use the aforementioned donations to help fund the cost of the vests. Committee(s):
  • n/a Pro(s):
  • Provide protection to our service animals Con(s):

None Fiscal Impact:

  • The budget amendment will increase the City of Asheville’s General Fund budget by $5,000.

Item IV-A · ORD 4602 · Zoning & Land Use · Public hearing

Continuation of public hearing on the conditional zoning for the RAD Lofts project at 146 and 179 Roberts Street (continued to March 10, 2020)

Passed7–0 · unanimous · Moved by Vijay Kapoor, seconded by Gwen Wisler

All members present voted yes.

Staff report summary

This public hearing was opened on January 14, 2020, and continued to this date. At the applicant’s request,

Item IV-B · ORD 4792 · Zoning & Land Use · Public hearing

Ordinance approving an annexation agreement between the City of Asheville and the Town of Fletcher designating a non-contiguous area as not subject to annexation by Fletcher

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by Vijay Kapoor

All members present voted yes.

Staff report summary

Assistant City Attorney Jannice Ashley said that this is the consideration of an ordinance approving an annexation agreement between the City of Asheville and the Town of Fletcher designating a non-contiguous area as not subject to annexation by Fletcher. This public hearing was advertised on February 14, 2020. 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 (maximum time allowed by statute) 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 adopted Ordinance No. 0-20-01 approving the Annexation Agreement at its February 3rd, 2020 Town Council meeting.
  • 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 following 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. We will have information about the cost to serve this site by the time we consider the actual annexation. Mayor Manheimer opened the public hearing at 5:11 p.m., and when no one spoke, she closed the public hearing at 5:11 p.m.

Item closed-in · Administrative

Motion to go into closed session

Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Julie Mayfield

All members present voted yes.

Item closed-out · Administrative

Motion to come out of closed session

Passed7–0 · unanimous · Moved by Vijay Kapoor, seconded by Gwen Wisler

All members present voted yes.