City Council regular meeting — September 22, 2020

Community Development Programs Director Paul D’Angela said that this is a request by The Juna Group Inc. to utilize a Housing Trust Fund Loan of $1.1M to construct 11 affordable single family homes on property located at Alice Clement Lane in the Oakley area. Background:

• Al Clement d/b/a, the Juna Group Inc., an African American Developer, has proposed the development of 11 single family homes available to be sold to individuals and families at or below 100% of the Area Median Income (AMI) on a 1.1 acre parcel (each home .10 acre) to be constructed on “Alice Clement Lane”, currently known as Shakedown Street, (PIN #9657-88-4092) in the City of Asheville, directly off Broadview Street. All 11 homes are intended to be at least 3 bedrooms, 2 full baths and approximately 1300 sq. ft.
• Beginning in 2017, Al Clement purchased 4.8 acres, with 2.6 of the acres buildable.
• Plans were submitted to the City of Asheville to develop 19 lots on the 2.6 acres.
• Approval was received June, 2018, and in July, 2018, construction began on infrastructure.
• The Infrastructure and eight of the homes are either complete or will be completed soon.
• The developer is requesting Housing Trust Fund dollars for the remaining eleven homes.
• The Juna Group Inc. consists of Al Clement, owner, and his brother David Clement, Project Manager.

Proposal:

• The developer seeks a loan of $1,100,000 from the City’s Housing Trust Fund (HTF). The Juna Group Inc. needs this funding, $100,000 per home, to complete Phase 2 of 5 homes and Phase 3 of 6 homes for a total of 11 single family homes.
• The Juna Group Inc. is committing the property, the remaining 11 lots of 1.1 acres, (valued at $770,000) as equity.
• The Juna Group Inc. proposes to borrow $1.1M over a period not to exceed 2 years at 1% annual interest rate, with no payments due until the full payment is due, maximum 2 years.
• Units will be made available to qualified affordable individuals and families with a sale price of approximately $275,000, a sales figure that can work with a 100% AMI family.
• However, the developer with assistance from City staff, will attempt to find buyers below 100% AMI, down to 80% AMI, that can qualify for these 11 homes with the help of Down Payment Assistance Programs.
• The developer is committed to finding individuals and families, in partnership with the City and other agencies like Habitat for Humanity and affordable housing lenders, between 80%-100% to purchase these homes.
• The homes will come with a deed restriction of affordability for 10 years, meaning if the home is sold within that time period, the owner will sell it to another income qualified family at or below 100% AMI.
• The City will work in partnership to help find buyers that qualify and a sales figure that works.
• The developer has requested that if a qualified individual or family between 80%
• 100% AMI can not be found within 6 months of the issuance of the Certificate of Occupancy, the developer can move to find an individual or family at or below 120% of AMI to purchase the home. Staff is committed to assisting in the marketing effort of the home and finding a qualified buyer between 80%-100% AMI. Committee(s):
• HCD
• August 18, 2020
• Unanimously approved Pro(s):
• The project produces 11 homes for individuals and families at between 80%
• 100% AMI at a location near the City’s core, with good access to transit and essential services.
• The developer has successfully completed Phase 1 of Alice Clement Lane and demonstrated capacity with both Community Development and Development Services.
• Working with the Juna Group Inc. shows the City of Asheville’s commitment to working with other developers, including for-profit developers, to be a part of the solution to affordable housing, both rental and homeownership.
• Affordable homes sold to individuals or families between 80%
• 100% AMI at a sales price that better aligns with the incomes and wages produced in Asheville allows residents to have an opportunity to build wealth with homeownership.
• HTF loans for homeownership allow the funds to be paid back much quicker, at either the sale of the home, or a limited time period like 2 years.
• An affordability period of 10 years helps protect the City’s investment in affordable housing. Con(s):
• Loan amount per unit is above the Housing Trust Policy’s recommendation of $20,000 per unit.
• The affordability period is just 10 years.

Fiscal Impact:

• The project would require $1,100,000 from the City’s HTF. Mr. D’Angelo said that after doing some research, it shows only 40 homes for sale in the City of Asheville under $275,000, with an average & median price above $550,000 for all 303 listings. Outside of Habitat, who builds maybe 15 to 18 homes a year, Mountain Housing Opportunities who helps with DPA, maybe 24 homes a year, and now the CLT, we have no solution on the table for homeownership. We need more local, infill developers to help us out. This is hard to make the numbers work. This will help expand the pool of developers. The Juna Group is a local and infill developer. Mr. Al Clement, developer, thanked City Council for their support so far. He explained how home ownership can be a powerful tool to lift people up. He will continue to work with Mr. D’Angelo to get the $275,000 down, but noted that as soon as someone moves in, they will already have equity in the home. He has reached out to the Asheville-Buncombe Community Land Trust, OnTrack Financial and Habitat for Homes to help find people who may qualify for these homes, along with banks who are familiar with down payment assistance programs. Councilwoman Mayfield suggested Mr. Clement also reach out to the Housing Authority who has a home ownership program. Vice-Mayor Wisler supported home ownership, but could not support the project without a guarantee of lower than 100% AMI. She was troubled by the idea of allowing the option for 120% since that does not fit in our Affordable Housing Policy. She was also troubled by the fact that the collateral is less than the loan value. And mostly she was concerned about the 10 year affordability. Mr. D’Angelo said that he spoke with Mr. Clement and they agreed not to put anything in any of the loan documents about the 120% AMI request after 6 months. He said he has been speaking to Mr. Clement for 14 months and he has been committed to trying to be part of the solution on affordable housing. He could not tell you how hard affordable housing is, let alone affordable for homeownership. The number of units currently for sale speak for themselves. We are making great headway in rental, with over 420 units he believed over the past 18 months. We still need many more. But regarding homeownership, we need to think creatively and effectively to get more homes for sale and he thought this is a very good start. He also believed we can protect our investment with oversight. Mayor Manheimer announced that there were no advanced live call-ins for this matter. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.

City Manager Campbell said Assistant Finance Director of Finance Budget & Forecasting Tony McDowell will provide you with an overview of the budget process; give a brief financial update; present the FY 2020-21 Manager’s recommended budget amendment (reimagining public safety; and investment recommendations); and explain the next steps for the FY 2021-22 budget process. Mr. McDowell said that this is the consideration of an ordinance amending the FY 2020-21 annual budget to provide City departments with a full year of operational funding. Background:

• On July 30, 2020, City Council adopted the Fiscal Year (FY) 2020-21 annual budget ordinance with each department receiving funding in its budget for operations through the end of September, with the remaining budget being held in reserve in non-departmental.
• Over the last two months, the City Manager’s Office has completed a community engagement process to evaluate investments in the Asheville Police Department, other City departments, and various community programs.
• Influenced by the input from the community engagement process, staff is recommending the amendment to the FY 2020-21 budget ordinance.
• The budget amendment includes the reallocation and reinvestment of approximately $770,000 from the Proposed FY 2020-21 Police Department budget that was presented to City Council in May 2020.
• Specific prioritized recommendations are based on the initial review of the survey results, other communications and engagement efforts (open data initiative), and on what we can do and do well right now.
• Focus areas for initial reinvestment/reallocation are outlined below. a.

Nuisance Response:

City Manager Campbell said Assistant Finance Director of Finance Budget & Forecasting Tony McDowell will provide you with an overview of the budget process; give a brief financial update; present the FY 2020-21 Manager’s recommended budget amendment (reimagining public safety; and investment recommendations); and explain the next steps for the FY 2021-22 budget process. Mr. McDowell said that this is the consideration of an ordinance amending the FY 2020-21 annual budget to provide City departments with a full year of operational funding. Background:

• On July 30, 2020, City Council adopted the Fiscal Year (FY) 2020-21 annual budget ordinance with each department receiving funding in its budget for operations through the end of September, with the remaining budget being held in reserve in non-departmental.
• Over the last two months, the City Manager’s Office has completed a community engagement process to evaluate investments in the Asheville Police Department, other City departments, and various community programs.
• Influenced by the input from the community engagement process, staff is recommending the amendment to the FY 2020-21 budget ordinance.
• The budget amendment includes the reallocation and reinvestment of approximately $770,000 from the Proposed FY 2020-21 Police Department budget that was presented to City Council in May 2020.
• Specific prioritized recommendations are based on the initial review of the survey results, other communications and engagement efforts (open data initiative), and on what we can do and do well right now.
• Focus areas for initial reinvestment/reallocation are outlined below. a.

Nuisance Response:

Background:

• On February 27, 2018, City Council adopted a resolution to authorize the City Manager to execute a professional services contract with CDM Smith, Inc. for the Water System Distribution Project 2.
• The original total contract was for a not-to-exceed amount of $884,124 and the project work included: a survey, a hydraulic analysis, engineering design, construction administration, and other related professional services for approximately 10,600 linear feet of 24” potable water transmission main and all associated appurtenances along Patton Avenue from Craven Street to Haywood Road.
• The original transmission main alignment along Patton Avenue assumed construction would be within the travel lanes and therefore the survey and preliminary design was performed for the new water transmission main to be located within the NCDOT right-of-way only.
• On April 8, 2019, the preliminary plan was submitted for the required NCDOT Encroachment Agreement, which would allow the new water transmission main to be located within the NCDOT right-of-way; however this Encroachment Agreement was denied by NCDOT in accordance with its policy to not allow utilities to be placed under the roadway. Within the past five years, NCDOT has increased its enforcement of this policy.
• The Water Resources Department appealed the decision to deny the NCDOT Encroachment Agreement via the hardship appeal process procedure provided by NCDOT. The hardship appeal was based on impacts to private property and additional project cost; however the appeal was also denied.
• Because of the denial of the NCDOT Encroachment Agreement and subsequent appeal, the proposed water transmission main alignment had to be changed to be outside the NCDOT right-of-way to be installed within private property throughout the project corridor.
• This change in alignment of the 24” water transmission line created the requirement for an additional survey to be performed and a new design drawing to be developed which added a significant cost increase to the professional services contract.
• Also moving the new water transmission main onto private property creates the need to obtain 37 permanent and temporary construction easements for the installation of the proposed transmission main which requires additional funds to be added to the project for easement acquisition specialists, preparation of easement plats and documents, appraisals and purchase of the necessary easements. These efforts and associated costs were not considered in the original contract scope since the plan did not impact private property.
• Over the course of the design phase, CDM Smith also discovered three (3) North Carolina Department of Environmental Quality – Division of Waste Management (DWM) sites located adjacent to the new alignment requiring the additional services for assessment of potential impacts from residual contamination associated with the three sites.
• Water Resources Staff requested that the consultant provide an amended scope with the additional tasks and cost outlined. The proposed change order request is based on the amended scope.
• It is anticipated that the final project design and easement acquisition will take approximately 9 months being completed by July 2021. Following completion of the design phase, construction of the project is projected to begin in September 2021 with an 18 month duration.

Vendor Outreach Efforts:

• Not applicable, change to an existing contract 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. Con(s):

None Fiscal Impact:

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

Background:

• On July 28, 2020, the Water Resources Department (WRD) issued an Advertisement for Bids for the Water System Neighborhood Enhancement Project Area 5 Part 1 Project.
• The scope of work for this project includes the installation of approximately 12,100 LF of 6-inch, 5,000 LF of 8-inch, and 1,200 LF of 12-inch ductile iron water line along with related appurtenances and materials required to complete the work located along various streets within the following areas:
• Muirfield Subdivision
• Mills Gap Road
• Swannanoa River Road
• S. Tunnel Road
• Brookwood Road
• Brevard Road
• Hazel Mill Road
• Joe Jenkins Road
• This proposed project has been determined to be a critical installation that will increase the water systems reliability by replacing undersized and older waterlines that have high failure rates and also by providing improved water pressure and flow characteristics for domestic service and fire fighting capabilities.
• Companies responding were:
• T&K Utilities, Inc.; Asheville, NC – Bid: $3,810,200
• Patton Construction Group; Asheville, NC – Bid: $3,992,500
• T.P. Howard’s Plumbing Company, Inc.; Fairview, NC – Bid: $4,050,000
• Cooper Construction Company, Inc.; Hendersonville, NC – Bid: $4,053,202
• Buckeye Bridge, LLC; Canton, NC – Bid: $4,180,455.30
• NHM Constructors, LLC; Asheville, NC – Bid: $4,714,706
• Teraflex Group, LLC; Williston, ND – Bid: $4,723,114.20
• Thomas Construction Company, Inc.; Johnson City, TN – Bid: $5,838,960
• Following a review of the bids by City Staff and WK Dickson & Co., Inc., the project engineers; T&K Utilities, Inc.was selected as the lowest responsible, responsive bidder.
• The WRD requests authorization to contract with T&K Utilities, Inc. for the bid amount of $3,810,200 plus a 10% contingency in the amount of $381,020 for a total project budget in the amount of $4,191,220.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women owned businesses through the 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.
• MWBE owned businesses are being utilized as subcontractors for traffic control and asphalt paving by prime contractors. Committee(s):
• Not Applicable. 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. Con(s):
• None.

Fiscal Impact:

• Funds needed for this construction agreement are already budgeted in the “Small Waterline Replacement Projects” within the Water Resources Capital Improvement Fund.

Background:

• In August 2013, City Council approved a resolution authorizing a multi-year agreement with Reem’s Creek Fire Department for automatic aid service
• The City of Asheville has a need to strengthen its standard of response and cover in the Beaverdam Valley and the Reem’s Creek Fire Department is the most appropriate organization to provide the service
• The initial agreement costs were $82,656 and as stipulated in the agreement, the costs are to be adjusted every year based on the consumer price index
• After seven years of positive consumer price index increases, the renewal for the FY20-21 services cost and are budgeted at $91,733.36
• The term of the renewal agreement will end June 30, 2021

Vendor Outreach Efforts:

• No other vendors are able to provide this service
• There are no Minority & Women-Owned Business Enterprise (MWBE) firms able to provide this service Committee(s):
• None Pro(s):
• Allows standard of cover to be met greater than 90% of the time. Con(s):
• Fiscal impact.

Fiscal Impact:

• Execution of the agreement renewal is budgeted at and costs $91,733.36.

Background:

• North Carolina is divided into seven geographical regions for the purpose of hazardous material emergency response.
• The North Carolina Department of Public Safety contracts with municipalities across North Carolina to respond into the geographical regions and provide technician level hazardous materials emergency response.
• The region's six areas encompass the westernmost twenty counties.
• The City of Asheville has been a regional hazardous materials provider since Fiscal Year 1994-1995.
• The State of North Carolina provides funding that fully supports the operational costs of the program.
• The City receives $69,000 annually for administration, equipment, training, medical surveillance, and workman’s compensation.
• The truck and equipment provided to the City by the State for use on State and local hazmat missions are valued at $1.5 million.
• The City is reimbursed at 100% of the costs expended when the team is deployed for a state mission.
• City Council approved an extension of the current agreement due to circumstances surrounding COVID-19, the North Carolina Department of Public Safety Division of Emergency Management wanted to activate the fifth-year extension clause of the agreement for four months with the City of Asheville for Hazardous Materials Emergency Response Services from July 1, 2020 through October 31, 2020.
• The new agreement is for November 1, 2020
• June 30, 2024.

Vendor Outreach Efforts:

• Contract is with the State of North Carolina Department of Public Safety Division of Emergency Management. Committee(s):
• None Pro(s):
• The State of North Carolina provides the hazardous materials response truck, all response equipment and provides for administrative costs of operating the team.
• In addition, the state funds extensive training for members of the Asheville Fire Department to enable us to competently handle hazardous materials emergencies.
• The City of Asheville has full use of the truck and all specialty equipment within the City of Asheville.
• Without the state hazardous materials contract, Asheville taxpayers would need to provide much of the resources necessary to properly respond to hazardous materials emergencies within Asheville.
• With the contract, we have the advantage of the equipment and resources being funded at the state level, rather than at the local level.
• During the twenty nine years that the City has provided regional hazardous materials response services, the City has not experienced difficulties or disadvantages with the program. This program is also consistent with the City’s Strategic Operating Plan in partnership.
• Firefighter and citizen safety will be enhanced. Con(s):
• None have been identified or known at this time

Fiscal Impact:

• The City receives a $69,000 reimbursement annually for training, equipment, medical surveillance, and worker’s compensation.

Fire Station #4; and further authorizing the City Manager to execute any change orders that may arise during the project up to the contingency amount of $68,187 (13%). Background:

• AFD Station #4 was built in the mid 1990’s as a 6,800 sq. ft. building that is attached to the end of the existing Skyland Fire Department building at 9 Miller Road.
• At the time, the City owned portion of the station was not fully built-out for the fire department, and until recently, AFD shared the space with an Asheville Police substation. As a result, the City of Asheville Fire Department occupied shared living quarters with the Skyland Fire Department.
• The Skyland Fire Department has identified a need for the space that AFD currently occupies and has requested that the City vacate the shared space.
• This project will renovate the existing City owned space to create living quarters and dedicated operations space for Fire and allows the City to completely vacate the Skyland portion of the building.
• The project will include interior renovations, building envelope repairs, and high efficiency mechanical systems.
• Skyland Fire & Rescue has asked AFD to vacate their portion of the facility by May 1, 2021.
• Bids were advertised on August 12, 2020. The City received and opened seven bids on September 3, 2020. The names of the contractors and bid amounts (with selected alternates) are listed below:
• B.A.M. Construction, Inc., Claremont, NC $543,710.00
• Carolina Specialties Construction, LLC., Hendersonville, NC $524,516.00
• First Victory, Inc., Brevard, NC $535,742.48
• H&M Constructors, Asheville, NC $552,900.00
• J. Bartholomew Construction, LLC., Hendersonville, NC $642,190.00
• Patton Construction Group, Inc., Asheville, NC $592,860.00
• Simpson Young Construction, LLC., Arden, NC $559,693.55
• Carolina Specialties Construction, LLC. was the lowest responsible responsive bidder.
• This project will start immediately with a target substantial completion date of April 1, 2021.
• The property and the building are owned by Skyland Volunteer Fire Department.
• The City is in year 25 of a 99 year lease of $1 per year agreement. The agreement allows for Skyland FD to sell the property. If they do so, the agreement states that the City shall receive the fair market value of the City’s portion of the building structure. These improvements are considered “the City’s portion” of the building.

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. None of the general contractors that bid on the project were WMBE.
• Carolina Specialties Construction will subcontract with AOA Signs, Inc. which is a Woman-Owned business located in Yadkinville, NC. Committee(s):
• None Pro(s):
• A better workplace/living environment for Asheville Fire Fighters.
• The work will not impact the current operations at the station.
• High Efficiency HVAC System Upgrade (In collaboration with the Office of Sustainability)
• Seven bids were received and all were close to the construction cost estimate. Con(s):
• Although this project will bring the facility into full operation, it will still be undersized in comparison to contemporary fire stations.

Fiscal Impact:

• Funding for this contract is already included in the adopted Capital Improvement Program budget.

Background:

• The City's customer water metering system consists of approximately 60,000 meters which are read mainly using drive-by Automated Meter Reading (AMR) radio technology.
• The City installed its current metering system from 2009-2012. The Automated Meter Reading equipment is reaching the end of its lifecycle and is beginning to fail.
• Advancements in metering technology have greatly increased this lifecycle and increased warranty periods.
• This issue requires staff to begin the process of implementing a long-term strategy for meter asset management.
• During FY19, Meter Services collaborated with the Customer Service, GIS, IT, and Administrative management staff to form a Customer Metering Task Force. The task force developed a customer metering strategic plan with technical support from Cavanaugh and Associates.
• A business-case recommendation was developed for the City of Asheville.
• This recommendation includes a wholesale replacement of all 2” and smaller water meters with new meter assemblies, implementing a fixed-base network meter reading system, AMI and retrofit meters 3” and larger to the AMI reading system.
• The recommended mechanism for product selection and installation is utilization of a third-party contract manufacturer and installer, procured via Request for Qualifications & Proposal (RFP) process.

Vendor Outreach Efforts:

• Through a qualifications-based selection process beginning in February 2020, the City of Asheville selected nine consulting firms to provide on-call professional services for an array of different types of water system projects.
• Cavanaugh and Associates was one of the selected firms due to their expertise in areas of non-revenue water, metering systems, etc.
• The City of Asheville entered into a master agreement with Cavanaugh and Associates on August 31, 2020 for on-call professional services valid for three years with the option to renew for two additional years.
• If approved, the proposed services described here within 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 Cavanaugh and Associates was the most qualified of the on-call firms.
• Based on the current master agreement, no additional vendor outreach was performed. Committee(s):
• None. Pro(s):
• This project will be the initial step in updating metering and reading infrastructure that is reaching the end of its useful life cycle.
• The project will result in improvements to efficiency of operations, through significant reduction in the number of trucks on the road to read meters.
• This reduction will also decrease the City’s carbon footprint associated with Metering Services operations.
• This project will ultimately result in water customers having access to more timely data and provide customers with the ability to monitor and better manage their water usage.
• This project will provide the framework for monthly billing processes. Con(s):
• Failure to approve resolution will result in a delay in the process of exchanging equipment that has reached the end of its life.

Fiscal Impact:

• The Water Resources Department currently has the funds needed for this agreement budgeted in the “AMR Replacement Project” in the Capital Improvement Program Fund.
• Total agreement cost of $175,520.

Streets Division Manager Chad Bandy said that this is the consideration of a resolution to permanently close an unopened right-of-way known as Gayle Street. This public hearing was advertised on August 28, September 4, 11 and 18, 2020. Background:

• N. C. Gen. Stat. sec 160A-299 grants cities the authority to permanently close streets and alleys.
• James Sandusky Paris and Carson Kinlaw Delinger have petitioned for this closure. They are owners of the property known as 99999 Morse Drive (Pin # 9627-22-9286).
• The unopened portion of right-of-way extends into the subject property.
• Upon closure, if granted, the unopened right-of-way will become part of the above property.
• The plan is for the property to be subdivided.
• The closure aides in meeting required setbacks.
• This closure allows maximum land use potential for further development complying with Living Asheville
• A Comprehensive Plan for our Future. Committee(s):
• Multimodal Transportation Committee
• June 24, 2020
• Recommended closing the right-of-way by unanimous vote Pro(s):
• The closure would allow for more efficient use of the existing adjacent property.
• 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 6:14 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing. In accordance with recent legislation amending North Carolina G.S. §166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing will be accepted for an additional 24 hours. Therefore,

Principal Planner Shannon Tuch said that this is the consideration of an amendment to a previously approved conditional zoning (Ordinance No. 4785) for properties located at 172 Asheland Avenue, 185 and 99999 Coxe Avenue and 5 Federal Alley for changes to a mixed-use development zoned Central Business District-Expansion/Conditional Zone. This public hearing was advertised on September 11 and 18, 2020. Project Location and Contacts:

• The project site consists of four parcels with a combined area of approximately 4.43 acres, located at 172 Asheland Avenue, 185 and 99999 Coxe Avenue and 5 Federal Alley (PINs 9648.37-2643, 9648.38-0052, 9648.37-1928 and 9648.37-2825) that are owned by Asheland Properties LLC and South Slope Holdings LLC.
• Petitioner: Tribute Investment & Development Inc; Contact: Warren Sugg Summary of

Petition:

• The project was approved by City Council on December 10, 2019, under ordinance no. 4785 and is zoned Central Business District Conditional Zone (CBD-CZ).
• As detailed in the current ordinance, the development was approved for a mixed-use project with frontage on Coxe Avenue, Asheland Avenue and Federal Alley with residential and commercial uses throughout multiple buildings, a parking structure integrated into the development and urban open space in the form of a series of public and private interior courtyard spaces connecting the frontages and running through the site from east to west.
• The requested amendment primarily impacts the use and design of the northernmost building on Asheland Avenue and the use and design of the structure along Federal Alley. There are no changes to the Coxe Avenue buildings, interior courtyards or streetscape.
• The Asheland Avenue change proposes a residential building instead of the previous design that was intended for office use and the revision eliminates the residential liner building that was previously shown along Federal Alley.
• The changes to the buildings on Federal Alley and Asheland Avenue still comply with City of Asheville Unified Development Ordinance (UDO) standards such as: fenestration and expanses of solid wall and providing pedestrian entrances along street frontages. Since Federal Alley is not a key pedestrian street, the liner building in the previous design is not expressly required.
• The applicant has clarified that the land needed to construct the six-foot sidewalk connection from Federal Alley to Coxe Avenue is subject to the acquisition of land currently owned by the State. The process to acquire the land is currently underway but not yet complete and the construction of this offsite improvement is subject to completion of the acquisition.
• The ordinance includes a number of site specific conditions that are still applicable (B.1 conditions).
• This amendment does not conflict with those conditions, except that the approval was linked to the previous site plan and renderings; therefore, removing the liner building and altering the facades along Federal Alley and Asheland necessitate an amendment to the previously approved conditional zoning approval.
• The summary of changes is as follows:
• Slight reduction in residential units (from 488 down to 474)
• While the number of residential units is reduced there will be no reduction to the number of affordable units; the applicant will still provide the originally approved amount of affordable units (10 percent of 488 units, which is 48 affordable units)
• Reduction in commercial programming (from 86,000 square feet down to 44,199 square feet due to a reduction in the large office component in the original plan)
• Parking garage footprint remains the same but scale reduced (from 973 spaces down to six levels and approximately 574 spaces)
• Federal Alley liner building eliminated with those residential units now relocated to the Asheland Avenue north building
• Parking garage pulls up to front directly on Federal Alley and has been designed to include 18 foot deep “stalls” along the ground level that can be activated with a variety of temporary “pop-up” uses
• Asheland Avenue north building was previously a 30,000-square foot, four story office building; now five stories and all residential use with significant aesthetic changes to facade due to the new use
• Asheland Avenue south building was previously seven stories (two commercial ground levels with five residential levels above); now six stories (one level of commercial eliminated)
• Rooftop patio previously on north end of Asheland Avenue building eliminated
• The Downtown Commission considered this request at their meeting on July 10, 2020, and voted unanimously to support the proposed change but with the following suggestions:
• Revise the design of the north building on Asheland to differentiate and minimize the massing of the building, perhaps using the location of the vehicular entry as a "break" point (the applicant agreed to and made the changes)
• Consider adding ground-level commercial space to the north building on Asheland (the applicant prefers to maintain residential units on the ground floor)
• Minimize 24-hour parking deck lighting (the applicant is agreeable to this suggestion)
• Consider adding amenities / facilities for year-round market stalls on Federal Alley (the applicant is agreeable to this suggestion but the details remain an ongoing discussion)
• The Planning and Zoning Commission reviewed the request at their meeting on August 5, 2020, ultimately voting at the September 2, 2020 meeting and unanimously recommended support.
• Public comments were received and there were primarily concerns that relocating residential units to Asheland Avenue (in place of the office component) would add cut-through traffic to the South French Broad residential neighborhood via Morgan Street; a desire for retail spaces along the ground level along Asheland Avenue to provide more places for residents of the adjacent neighborhood to visit by foot and concerns that the reduction in parking spaces within the garage structure will result in overflow parking on-street in the South French Broad residential neighborhood. Additional comments received were not specific to the amendment.
• The project location is within Census Tract 9, an Opportunity Zone area. City resolution no. 18-269 states that Council commits to work with investors and the resolution offers guidance on projects within these areas to promote equitable growth, avoid displacement of low income or residents of color and avoid the loss of community assets or land.

Comprehensive Plan Consistency:

• As previously stated in the 2019 staff report, this development has been evaluated for consistency with the Living Asheville Comprehensive Plan and determined to be aligned in multiple ways. This amendment does not alter the alignment of this mixed-use project with the Living Asheville plan.

Compatibility Analysis:

• With the proposed amendment, the development remains compatible with the surrounding area by including market rate and affordable units in close proximity to downtown.
• Regarding the design change to the building on Asheland Avenue, the applicant responded to the requests from both staff and the Downtown Commission to include modifications to the facade to attempt to minimize the massing with several sections of color differentiation.
• The B.1 conditions that were agreed to during the previous review for pedestrian safety and traffic improvements are still in place to further minimize potential impacts.
• Since the number of residential units and office component have decreased with this amendment, staff does not believe that shifting the location of the uses within the development should have any greater traffic impact and notes that off-street parking is not required in the zoning district.
• Further, the proposed number of parking spaces is just under the minimum that would be required for the development if located elsewhere. The location of the project in an urban setting, close to downtown and availability of transit, support the amount of parking provided in this project. Committee(s):
• Technical Review Committee (TRC)
• June 2020
• approved with conditions
• Downtown Commission (DTC)
• July 10, 2020
• recommended unanimous approval with suggested conditions
• Planning & Zoning Commission
• August 5 & September 2, 2020
• recommended approval 7-0

Staff Recommendation:

• Staff recommends approval of this amendment as the project includes market rate and affordable units in a location that is proximate to downtown and still includes a mix of uses to activate this area of the city.
• Staff finds that while the residential liner building was preferable, the changes to the Federal Alley parking structure still provide a mechanism for activation at the street level, as well as a creative design that allows for the redistribution of residential units to Asheland Avenue.
• As noted above, the applicant has made efforts to break up the visual massing of the building along Asheland Avenue and the redistribution of uses throughout the site is acceptable.
• Conditions from the original approval for traffic mitigation and affordable housing are unchanged with this amendment.
• Staff does have some concern regarding the unsettled land acquisition that would provide safe pedestrian connectivity offsite to Coxe Avenue. At the request of Mayor Manheimer,

Principal Planner Shannon Tuch said that this is the consideration of an amendment to a previously approved conditional zoning (Ordinance No. 4785) for properties located at 172 Asheland Avenue, 185 and 99999 Coxe Avenue and 5 Federal Alley for changes to a mixed-use development zoned Central Business District-Expansion/Conditional Zone. This public hearing was advertised on September 11 and 18, 2020. Project Location and Contacts:

• The project site consists of four parcels with a combined area of approximately 4.43 acres, located at 172 Asheland Avenue, 185 and 99999 Coxe Avenue and 5 Federal Alley (PINs 9648.37-2643, 9648.38-0052, 9648.37-1928 and 9648.37-2825) that are owned by Asheland Properties LLC and South Slope Holdings LLC.
• Petitioner: Tribute Investment & Development Inc; Contact: Warren Sugg Summary of

Petition:

• The project was approved by City Council on December 10, 2019, under ordinance no. 4785 and is zoned Central Business District Conditional Zone (CBD-CZ).
• As detailed in the current ordinance, the development was approved for a mixed-use project with frontage on Coxe Avenue, Asheland Avenue and Federal Alley with residential and commercial uses throughout multiple buildings, a parking structure integrated into the development and urban open space in the form of a series of public and private interior courtyard spaces connecting the frontages and running through the site from east to west.
• The requested amendment primarily impacts the use and design of the northernmost building on Asheland Avenue and the use and design of the structure along Federal Alley. There are no changes to the Coxe Avenue buildings, interior courtyards or streetscape.
• The Asheland Avenue change proposes a residential building instead of the previous design that was intended for office use and the revision eliminates the residential liner building that was previously shown along Federal Alley.
• The changes to the buildings on Federal Alley and Asheland Avenue still comply with City of Asheville Unified Development Ordinance (UDO) standards such as: fenestration and expanses of solid wall and providing pedestrian entrances along street frontages. Since Federal Alley is not a key pedestrian street, the liner building in the previous design is not expressly required.
• The applicant has clarified that the land needed to construct the six-foot sidewalk connection from Federal Alley to Coxe Avenue is subject to the acquisition of land currently owned by the State. The process to acquire the land is currently underway but not yet complete and the construction of this offsite improvement is subject to completion of the acquisition.
• The ordinance includes a number of site specific conditions that are still applicable (B.1 conditions).
• This amendment does not conflict with those conditions, except that the approval was linked to the previous site plan and renderings; therefore, removing the liner building and altering the facades along Federal Alley and Asheland necessitate an amendment to the previously approved conditional zoning approval.
• The summary of changes is as follows:
• Slight reduction in residential units (from 488 down to 474)
• While the number of residential units is reduced there will be no reduction to the number of affordable units; the applicant will still provide the originally approved amount of affordable units (10 percent of 488 units, which is 48 affordable units)
• Reduction in commercial programming (from 86,000 square feet down to 44,199 square feet due to a reduction in the large office component in the original plan)
• Parking garage footprint remains the same but scale reduced (from 973 spaces down to six levels and approximately 574 spaces)
• Federal Alley liner building eliminated with those residential units now relocated to the Asheland Avenue north building
• Parking garage pulls up to front directly on Federal Alley and has been designed to include 18 foot deep “stalls” along the ground level that can be activated with a variety of temporary “pop-up” uses
• Asheland Avenue north building was previously a 30,000-square foot, four story office building; now five stories and all residential use with significant aesthetic changes to facade due to the new use
• Asheland Avenue south building was previously seven stories (two commercial ground levels with five residential levels above); now six stories (one level of commercial eliminated)
• Rooftop patio previously on north end of Asheland Avenue building eliminated
• The Downtown Commission considered this request at their meeting on July 10, 2020, and voted unanimously to support the proposed change but with the following suggestions:
• Revise the design of the north building on Asheland to differentiate and minimize the massing of the building, perhaps using the location of the vehicular entry as a "break" point (the applicant agreed to and made the changes)
• Consider adding ground-level commercial space to the north building on Asheland (the applicant prefers to maintain residential units on the ground floor)
• Minimize 24-hour parking deck lighting (the applicant is agreeable to this suggestion)
• Consider adding amenities / facilities for year-round market stalls on Federal Alley (the applicant is agreeable to this suggestion but the details remain an ongoing discussion)
• The Planning and Zoning Commission reviewed the request at their meeting on August 5, 2020, ultimately voting at the September 2, 2020 meeting and unanimously recommended support.
• Public comments were received and there were primarily concerns that relocating residential units to Asheland Avenue (in place of the office component) would add cut-through traffic to the South French Broad residential neighborhood via Morgan Street; a desire for retail spaces along the ground level along Asheland Avenue to provide more places for residents of the adjacent neighborhood to visit by foot and concerns that the reduction in parking spaces within the garage structure will result in overflow parking on-street in the South French Broad residential neighborhood. Additional comments received were not specific to the amendment.
• The project location is within Census Tract 9, an Opportunity Zone area. City resolution no. 18-269 states that Council commits to work with investors and the resolution offers guidance on projects within these areas to promote equitable growth, avoid displacement of low income or residents of color and avoid the loss of community assets or land.

Comprehensive Plan Consistency:

• As previously stated in the 2019 staff report, this development has been evaluated for consistency with the Living Asheville Comprehensive Plan and determined to be aligned in multiple ways. This amendment does not alter the alignment of this mixed-use project with the Living Asheville plan.

Compatibility Analysis:

• With the proposed amendment, the development remains compatible with the surrounding area by including market rate and affordable units in close proximity to downtown.
• Regarding the design change to the building on Asheland Avenue, the applicant responded to the requests from both staff and the Downtown Commission to include modifications to the facade to attempt to minimize the massing with several sections of color differentiation.
• The B.1 conditions that were agreed to during the previous review for pedestrian safety and traffic improvements are still in place to further minimize potential impacts.
• Since the number of residential units and office component have decreased with this amendment, staff does not believe that shifting the location of the uses within the development should have any greater traffic impact and notes that off-street parking is not required in the zoning district.
• Further, the proposed number of parking spaces is just under the minimum that would be required for the development if located elsewhere. The location of the project in an urban setting, close to downtown and availability of transit, support the amount of parking provided in this project. Committee(s):
• Technical Review Committee (TRC)
• June 2020
• approved with conditions
• Downtown Commission (DTC)
• July 10, 2020
• recommended unanimous approval with suggested conditions
• Planning & Zoning Commission
• August 5 & September 2, 2020
• recommended approval 7-0

Staff Recommendation:

• Staff recommends approval of this amendment as the project includes market rate and affordable units in a location that is proximate to downtown and still includes a mix of uses to activate this area of the city.
• Staff finds that while the residential liner building was preferable, the changes to the Federal Alley parking structure still provide a mechanism for activation at the street level, as well as a creative design that allows for the redistribution of residential units to Asheland Avenue.
• As noted above, the applicant has made efforts to break up the visual massing of the building along Asheland Avenue and the redistribution of uses throughout the site is acceptable.
• Conditions from the original approval for traffic mitigation and affordable housing are unchanged with this amendment.
• Staff does have some concern regarding the unsettled land acquisition that would provide safe pedestrian connectivity offsite to Coxe Avenue. At the request of Mayor Manheimer,

Background:

• Bid packet for Playground Mulch and Installation went out and closed on Thursday, June 4, 2020.
• This contract will provide bi-annual safety applications for playground mulch at 10 playground sites across the City for FY 21. The following locations are included:
• Carrier Park Playground
• Jake Rusher Park Playground
• Kenilworth Playground
• Malvern Hills Playground
• Murphy Oakley Playground
• Recreation Park Playground
• Stephens-Lee Center Playground
• Linwood Crump Shiloh Playground
• Walton Street Playground
• Weaver Playground
• Companies responding were:
• Synergy Sports Charlotte LLC, Charlotte, NC
• Bid $132,900
• On Point, Etowah, NC
• Bid $138,596.50
• Bliss Products and Services, Lithia Springs, GA
• Bid $157,500
• Mulch Solutions, LLC, Indian Trail, NC
• Bid $151,200
• BH Graning Landscapes, Inc., Sylva, NC
• Bid $164,776.50
• Natural Choice Contracting, West Youngsville, NC
• Bid $ $151,200
• Power Mulch Inc, Smithfield, NC
• Bid $143,073
• Cason Companies Inc, East Flat Rock, NC
• Bid $141,750
• Following review of bids by City staff, Synergy Sports Charlotte LLC was selected as the lowest responsible, responsive bidder.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women owned business enterprises (MWBE) through solicitation processes which include posting on the State’s Interactive Purchasing System, targeted outreach with the City’s Business Inclusion Manager. One Women Owned Business submitted a bid, but was not the lowest bid. Pro(s):
• Ensures compliance with playground safety standards for mulch. Con(s):

None Fiscal Impact:

• Funding for this purchase has been previously approved and is available for expenditure in the Asset Management Contracted Services line item.

Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Affordable Housing Advisory Committee. The terms of Dewanna Little, Parker Smith, Randall Barnett, Barry Bialik and Leslie Hennessee’s expired on September 1, 2020. The following individuals applied for the vacancy: Paul Holstein, Brian Methvin, Shannon Watkins, Michael Figura, T. Cory Lewis, Tyson Bowman, Thomas A. Christ, Drew Crawford, Rodrigo Afanador, Damita Jo Wilder, Eric Howell, Michael G. Waddle, Joshua Katz, ZaKiya Bell-Rogers, Henry Sannyasa, Scott Adams, Cyd Jaggers, Chris Woodward and DeLores Venable. Boards & Commissions Committee recommended reappointing Dewanna Little, Parker Smith and Barry Bialik; and appointing Brian Methvin and Scott Adams.

Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Citizens-Police Advisory Committee. Kaaren McNulty (south representative) has resigned as a member of the Citizens-Police Advisory Committee, thus leaving an unexpired term until June 30, 2020. In addition Shana McDowell (at-large representative) has resigned, thus leaving an unexpired term until June 30, 2022. In addition, the terms of Blake Marcus (north representative) and Jerry Kivett (central representative) expired on June 30, 2020. The following individuals applied for the vacancy: Cathy Banks, Tracey DeBruhl, David Angelus, Barbara Wright, Anthony Coggiola, Mary Ammerman, Tim Kelley, Damita Jo Wilder and Michael E. Beech. The Boards & Commissions Committee recommended appointing Damita Jo Wilder as the south representative, Barbara Wright as the central representative, and Michael Beech as the at-large representative. In addition, the Committee recommended reappointing Blake Marcus as the north representative.

Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Civic Center Commission. The terms of Corey Atkins and Yvonne Cook-Riley expired on June 30, 2020. The following individuals applied for the vacancy: Lee Arevian, John W. Ellis, Steven M. Howard, Tony Micocci, Mukunda Pacifici, Sandy Aldridge, Nicole Lee and Josh Batenhorst. Boards & Commissions Committee recommended reappointing Corey Atkins and appointing Nicole Lee.

Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Asheville-Buncombe Historic Resources Commission. Craig Cline and Gordon McKinney have resigned, thus leaving two unexpired terms until July 1, 2022. In addition, Ed Flowers has resigned, thus leaving an unexpired term until July 1, 2021. The following individuals applied for the vacancy: Lucy A. Kruesel, J. Wagner and Amanda Vollrath, Sara Gardner, Maggie Brousaides, Sioux Oliva and James Vaughn. The Boards & Commissions Committee recommended appointing James Vaughn, Sara Gardner and Maggie Brousaides..

Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Public Art & Cultural Commission. The terms of Jasmine Washington, Andrew Fletcher, Jay Fields, Katie Cornell, Valeria Watson and Pete Perez expired on June 30, 2020. The following individuals applied for the vacancy: Anne Manner-Mclarty, Marsha Almodovar, Daniele Martin, Nathaniel Wyrick, Christian ODonnell, Hilary Chiz and Michael G. Waddle. Boards & Commissions Committee recommended reappointing Jasmine Washington, Andrew Fletcher, Katie Cornell, Valeria Watson and Pete Perez; and re-advertising for the last vacant seat.

Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the WNC Air Quality Board. The term of Dean Kahl expired on July 1, 2020. On August 25, 2020, the Boards & Commissions Committee recommended re-advertising for the vacant seat. The following individuals applied for the vacancy: Garry Whisnant., Robert H. Lane, Evan Couzzo and Drew Ball. The Boards & Commissions Committee recommended appointing Evan Couzzo.

Mayor Manheimer said that this public hearing was held on September 8, 2020, and in accordance with recent legislation amending North Carolina G.S. § 166A-19.24(e), regarding public hearings conducted during remote meetings, written comments for this public hearing were accepted for an additional 24 hours. After receiving additional written public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the ordinance and it would not be read.