City Council regular meeting — March 24, 2020

Vice-Mayor Wisler said that the public hearing regarding Ordinance No. 4794 was conducted on March 10, 2020, and no public comment will be taken at this second and final reading.

Vice-Mayor Wisler said that the public hearing regarding Ordinance No. 4794 was conducted on March 10, 2020, and no public comment will be taken at this second and final reading.

meetings during the duration of the locally declared state of emergency. This motion was seconded by Councilwoman Mayfield and carried unanimously by those present (Vice-Mayor Wisler, Councilman Haynes, Councilman Kapoor and Councilwoman Mayfield.)

Background:

• Carolyn Flowers, Managing Principal of InfraStrategies, LLC was retained by the City
• during February 2019 to provide transit operations consulting services for the Transit Division of the Transportation Department.
• The original contract was for $49,000.
• This contract amendment seeks to add $60,000 to the contract, which was already budgeted in the Fiscal Year (FY) 2020 Transit Operations Budget.

Vendor Outreach Efforts:

• N/A
• this is a current contract. Committee(s):
• N/A Pro(s):
• This action will continue to support implementation of the 2018 Transit Master Plan by providing additional technical and professional support to City staff. Con(s):
• Funding is currently budgeted in the FY 2020 budget.

Fiscal Impact:

• Funding for this contract amendment was approved by the City Council as part of the FY 2020 budget process and is currently included in the Transit Operations budget.

Background:

• The Water Resources Department has prioritized this waterline replacement project for the current fiscal year and is seeking engineering design and project management assistance for this project.
• The project will replace approximately 24,500 linear feet of existing substandard and failing water lines with predominantly 6-inch and 8-inch water lines and appurtenances designed and constructed in accordance with the City of Asheville standards.
• The water lines prioritized for replacement as part of the Neighborhood Enhancement Projects Area 7 are within and along the following various neighborhoods and streets: Beacon Village area, Rainbow Ridge area, Barnard Avenue, Sevier Street, Hill Street, Joyner Avenue, Pearson Bridge, and Thompson Street.

Vendor Outreach Efforts:

• Through a qualifications based selection process beginning in August 2014, the City of Asheville selected four consulting firms to provide on-call professional services for Water Distribution and Storage Projects.
• Kimley-Horn & Associates was one of the selected firms due to their expertise in areas of water distribution projects, water system analysis, and project development.
• The City of Asheville entered into a master agreement with Kimley-Horn & Associates on May 11, 2015 for on-call professional services for Water Distribution and Storage Projects. The agreement had a three year term with the option to renew for two additional years. Then on April 19, 2018, the City of Asheville executed a renewal master agreement with Kimley-Horn for the additional two years of on-call professional services.
• If approved, the proposed engineering services 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 Water Distribution and Storage Projects was the best method to deliver this project and Kimley-Horn & Associates was specifically qualified to provide the required engineering services.
• 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 in order to provide safe and reliable service.
• Kimley-Horn & Associates has successfully provided engineering services for other water system improvement projects. Their experience with our water system and expertise in water distribution projects will lead to a successful project with lesser negative impacts to customers and the City’s water system. Con(s):
• Failure to award an engineering services contract would prevent the Water Resources Department from completing the Neighborhood Enhancement Project in a timely manner and delay the replacement of the existing aging water system.

Fiscal Impact:

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

2020 SECTION 5339 (b) BUSES AND BUS FACILITIES DISCRETIONARY GRANT FUNDS PROGRAM, AND IF SUCCESSFUL, TO ACCEPT THE GRANT FUNDS AND SIGN ALL THE APPROPRIATE AGREEMENTS WITH THE FEDERAL TRANSIT ADMINISTRATION, FEDERAL AND STATE AGENCIES Background:

• In January 2020, the Federal Transit Administration published Notice of Funding Opportunity for the FY 2020 Section 5339(b) Buses and Bus Facilities discretionary grant program.
• The grant is competitive and discretionary, whereby the FTA solicits project proposals from applicants, and awards funding to successful applicants for eligible capital projects through a competitive process.
• The Buses and Bus Facilities Funding program can be used for the purchase or lease of buses, related equipment, as well as to rehabilitate, construct or lease bus-related facilities. Funds awarded for both grants may include incidental costs related to acquiring buses, construction of facilities and infrastructure, workforce development and training activities, and project administration.
• The City plans to submit an application in the amount of $1,250,000 to continue the City’s bus stop improvement program. The funding will be used to provide curb-ramp improvements, sidewalk connections, shelters, seating, solar lighting, and digital signage at bus stops with the top 15% ridership, as well as locations serving vulnerable populations, such as the Veterans Restoration Quarters, Mission Hospital, the Veterans Administration Hospital, public housing locations, etc.
• The application deadline for the Buses and Bus Facilities grant is March 30, 2020. Committee(s):
• None (Finance & Human Resources cancelled) Pro(s):
• Project funding will enable the City of Asheville to use federal funds to help fund additional high-priority bus stop improvements. Con(s):
• The match for the Buses and Bus Facilities grant is 20%, however improvements related to ADA and facilities have only a 10% match, which a significant portion of the grant will likely qualify for. The maximum match amount assuming a 20% match would be $250,000, and assuming a 10% match would be $125,000.

Fiscal Impact:

• The local match is included in the Transit Capital Projects Fund budget.

Background:

• N.C. Gen. Stat. § 166A-19.31(b) authorizes municipalities to adopt five categories of regulations in times of a declared state of emergency.
• Pursuant to N.C. Gen. Stat. § 166A-19.31(a), the Asheville City Council has delegated portions of its authority to enact emergency regulations to the Mayor, through its adoption of Section 2-2 of the City Code of Ordinances.
• As written, Section 2-2 of the City Code does not authorize the Mayor to issue by proclamation regulations pursuant to N.C. Gen. Stat. § 166A-19.31(b)(5), which broadly allows municipalities to regulate any activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during a state of emergency.
• Given the need to be able to respond quickly to the threats posed by the novel corona virus known as COVID-19, it is desirable to allow the Mayor to issue all regulations needed to address the outbreak via proclamation. Committee(s):
• None Pro(s):
• Will allow the Mayor to regulate by proclamation any activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency that has been declared in relation to the spread of COVID-19 Con(s):

None Fiscal Impact:

• None

Summary: Councilwoman Mayfield presented this resolution which will serve as City Council’s comment on the final Environmental Impact Statement for I-26. Staff will be preparing a more technical letter. The following is the a portion of the resolution: “NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT: (1) The City of Asheville calls on NC DOT to continue collaborating with the I-26 Working Group to develop improved designs for the east side of the Patton Avenue Corridor and the Jeff Bowen Bridge and incorporate those into the Record of Decision or the Request for Proposals; and (2) The City of Asheville further calls on NC DOT and its future design-build contractor to further reduce the size and impact of the project by: (a) tightening the footprint of all urban intersections throughout the project corridor, specifically including the Haywood Road interchange; (b) reducing the number of lanes on the new I-26 bridge over the river and continuing north to the Broadway exit; (c) reducing the height and radius of the I-240 flyover bridges; and (d) reducing the visual and auditory impacts on Riverside Cemetery and the adjacent Montford neighborhood; and (3) The City of Asheville further calls on NCDOT, with regard to the Request for Proposals and Aesthetic Recommendations, that: (a) NCDOT evaluate the design team qualifications, not only for multi-disciplinary representation to include urban planning, bridge design, structural engineering and landscape architecture, but also for demonstrated experience implementing creative transportation solutions that are contextually sensitive to both the natural environment and the urban character of a scenic destination city such as Asheville; (b) Substantial weight be assigned in RFP evaluation criteria to the qualifications of the responder’s design team as described above; (c) NCDOT include in its RFP an Aesthetics Scope of Work (“ASW”) reflecting the Aesthetics Recommendations; (d) NCDOT include the City in the RFP development and revision process; (e) the proposals submitted be evaluated on the degree to which they achieve the goals and objectives of the ASW and any additional improvements and betterments; and (f) the City be allowed to review and comment on the responses to the RFP; and (4) The City further calls on NCDOT and the design-build contractor to consider any new land use, greenway, or other plans or design proposals developed after the Record of Decision is signed that impact or relate to the project; and (5) The City further calls on NCDOT and the design-build contractor to utilize local businesses and residents to the greatest degree possible in the construction of the project; and (6) The City of Asheville further calls on NCDOT to work together to determine a suitable use for land underneath new bridges in the project so that land is put to use for the benefit of Asheville residents; and (7) The City of Asheville further calls on NCDOT to support the City’s acquisition of available right of way in the Patton Avenue Corridor in a “development-ready” state to further the redevelopment of that corridor as envisioned by the City; and (8) The City of Asheville be considered a key partner with NCDOT and the design-build contractor and that NCDOT consult with the City during the contract period on all aesthetic and design modifications, giving full consideration to the City’s views. Councilwoman Mayfield thanked the NCDOT for their close collaboration over the last 4 years on this project. We have improved this project immeaurably and appreciate the efforts and resources that the NCDOT in Raleigh and the local division have put forth in making this a better project. She said that the City will be a critical key partner in this project. City Clerk Burleson read five public comments regarding the I-26 Connector. Vice-Mayor Wisler said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.