City Council regular meeting — October 13, 2020

Background:

• Verizon has been one of two tenants on the City-owned Royal Pines Cell Tower located at 57 Crestwood Drive.
• The City has its own public safety communications equipment on the tower.
• Verizon has been leasing a portion of the tower since 2009. The current license agreement expired at the end of September 2020.
• A recent Structural Analysis has shown that the tower is near maximum capacity and equipment upgrades recently requested by Verizon could not be installed.
• Verizon has decided to relocate to a tower owned by Duke Energy in the vicinity but the transition period could be as long as two years.
• Staff recommends allowing Verizon to stay on the tower during the transition period, with an extension of the existing agreement for 2 years.. Committee(s):
• None Pro(s):
• The presence of Verizon on this tower strengthens the signal for the many users of Verizon in the city.
• Allowing Verizon to remain on the tower during the transition will give the City time to plan for the tower usage after they relocate. Con(s):

None Fiscal Impact:

• The City receives approximately $3,666.67 per month or $44,000 per year in revenue.

Background:

• The North Fork Clearwell (water storage tank) was constructed in 1976 and has a five (5) million gallons of water capacity.
• Inspection of baffle curtains confirmed significant deterioration. The baffle curtains are critical for attaining required disinfectant contact time within the clearwell to meet regulatory requirements.
• The baffle curtains are beyond repair and must be replaced.
• Inspection discovered minor needed repairs to the clearwell roof, vents, and other equipment.
• The requested change order includes both structural engineering and complete repair costs.

Vendor Outreach Efforts:

• N/A Committee(s):
• None Pro(s):
• The North Fork Water Treatment Plant will more easily be able to meet the EPA and State requirements for Giardia & Cryptosporidium Con(s):
• The North Fork Water Treatment Plant clearwell has a capacity of the five (5) million gallons. To meet EPA and State requirements for Giardia & Cryptosporidium the clearwell has had to be maintained at a higher capacity level and limits operational flexibility.

Fiscal Impact:

• Funding for this repair will come from Water Resources Capital Improvement Program (CIP) funding that is already budgeted.

TRANSIT ADMINISTRATION FOR SECTION 5339(b) FUNDS TO BE USED TO IMPROVE AND ENHANCE BUS STOPS IN THE SERVICE AREA Background:

• On March 24, 2020, the City Council adopted Resolution No. 20-137 authorizing the City Manager to apply for, and accept if awarded, grant funding from the FTA FY2020 Buses and Bus Facilities discretionary grant program.
• The City applied for, and was awarded $1 million, in grant funds for the purpose of improving bus stops in the service area.
• Improvements will be prioritized at high-ridership stops and stops serving vulnerable communities. Improvements might include bus shelters, benches, solar lighting, and ADA accessibility improvements.
• The local match for the grant award will come from multiple sources, including remaining City approved General Obligation (GO) Bond funds for bus stop improvements ($62,000), unspent funds provided via development project conditional approvals ($40,000), and previously budgeted funding in the Transit Capital Fund ($148,000).
• Staff is also expecting to receive donations from partner associations; these donations would be used to lower the required contribution from the Transit Capital Fund. Committee(s):
• None Pro(s):
• Project funding is provided by the FTA and will help support improvements of transit amenities in the service area. Con(s):
• The grant requires a 20% local match for the acquisition and installation of transit amenities, and a 10% match for ADA accessibility improvements.

Fiscal Impact:

• As noted above, there is a required local match of 20% and 10% depending on the specific types of improvements implemented. The maximum required local match is $250,000. The sources for the local match are discussed above.

Background:

• The United States Environmental Protection Agency is scheduled to pass (fall of 2020) the new Lead & Copper Rule Revisions which will require a data management platform that has the ability to cohesively manage all required Lead and Copper Tap Monitoring, Primacy Agency & Customer Results Reporting, Service Line Inventory, and Lead Service Line Replacement in the Water System.
• 120Water is a digital water company that provides data management along with sample kits, analysis, and assistance with public education.
• 120Water has a data management platform that manages all areas of the new rule revisions.
• 120Water will provide the required sampling kits, laboratory analysis, and provide assistance with public educational outreach.
• The revisions require water purveyors to not only manage the water distribution system side of the water meter service line, but also requires research and monitoring of service line piping material to the home and provide customer education if a lead line is found to be on the customer or utility side of the water meter.
• Staff has taken a proactive approach in preparing for the Lead & Copper Rule Revisions.
• A Request for Proposals for required services was issued on June 15, 2020.
• Proposals were received on August 13, 2020.
• The Lead and Copper Coordination Team reviewed proposals on August 21, 2020. Three firms responded:
• 120Water
• Zionsville, IN
• Camanse
• Arden, NC
• Miracle Software Systems
• Novi, MI 120Water was selected as the most qualified firm to provide the required services.

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.
• No MWBE firms submitted bids with this prime contractor. Committee(s):
• None Pro(s):
• Ability to continue compliance with Federal and State regulations
• 120Water has ongoing experience with large water utilities throughout the United States.
• 120Water has proactively prepared these utilities for the new lead and copper provisions.
• Data platform will allow public access to easily consumable and transparent data. Con(s):
• Failure to adopt resolution will result in difficulty complying with Federal and State regulations.

Fiscal Impact:

• Three year contract with the option to renew for an additional two years.
• The Water Resources Department currently has the funds to encumber the yearly contract amount of $163,770.94 in its operating funds.

Background:

• The City’s Stormwater Division has a capital improvement project planned for 2021 in the City’s Kenilworth neighborhood.
• The City has obtained all required easements needed to complete its Kenilworth stormwater project except for one along the edge of real property located at 2 Springdale Road.
• This property is shown as lots 12 and 13 of Block K on a plat recorded at Plat Book 154, Page 109A in the Buncombe County Register of Deeds Office.
• Regina Tate owns the property at 2 Springdale Road. She has not responded to any of the City’s attempts to contact her regarding the easement needed to facilitate the stormwater project.
• To date, three separate City departments have attempted to make contact with Ms. Tate.
• In order to maintain the project schedule, obtaining the easement via eminent domain is the only option available to the City.
• The City will deposit with the Clerk of Court the value of the easement which will be available to the property owner at any time.
• The easement needed at 2 Springdale Road is immediately adjacent to the City’s right of way and is entirely within an unbuildable setback. As such, the City’s condemnation of the needed easement will only minimally disturb Ms. Tate’s use of the property. Committee(s):
• None Pro(s):
• Will facilitate the completion of a needed stormwater improvement project. Con(s):
• Will result in the commencement of an eminent domain action against a citizen.

Fiscal Impact:

• The expected value of the needed easement is less than $5,000 which is included in the project budget for the subject stormwater improvement project.

Background:

• The City of Asheville entered into a contract with Smarking, Inc. during November 2018 at a contract value of $29,500 for real-time data aggregation and predictive data analytics services.
• The original contract included two, one-year renewal terms.
• The first renewal term was executed with an effective date during November 2019 at a contract value of $33,175 which increased the total contract value to $62,675.
• The annual cost has increased from the initial contract due to the addition of several parking facilities since the contract was first executed.
• Smarking provides Parking Services with real-time monitoring of all of our parking facilities, and tracks metrics including usage, revenue, and future demand.
• The analytical capabilities of the Smarking system are critical in Parking Services operational response.

Vendor Outreach Efforts:

• N/A
• This is a current contract. Committee(s):
• None. Pro(s):
• Enables the City to continue to use data to inform procedures and decision-making.
• Enables Parking Services to maintain a healthy operating status in spite of financial challenges presented by COVID-19. Con(s):

None Fiscal Impact:

• The required funds are included in the current Parking Services Fund operating budget.

5-Year Consolidated Action Plan until November 10, 2020. This motion was seconded by Councilwoman Mayfield and carried unanimously by roll call vote. B. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO A PREVIOUSLY APPROVED CONDITIONAL ZONING APPROVAL (ORDINANCE NO. 4570) FOR PROPERTY LOCATED AT 236 CHARLOTTE STREET AND 336 HILLIARD STREET TO MODIFY THE SITE PLAN TO REFLECT THE RIGHT-OF-WAY CLOSURE OF LENNOX COURT AND TO MAKE CHANGES TO THE SITE AND BUILDING FOOTPRINT AT THE HE HILDE’S HOUSE INFANT CARE CENTER Principal Planner Shannon Tuch said that this is the consideration of an amendment to a previously approved conditional zoning approval (Ordinance No. 4570) for property located at 236 Charlotte Street and 336 Hilliard Street to modify the site plan to reflect the right-of-way closure of Lennox Court and to make changes to the site and building footprint at the Hilde's House infant care facility. This public hearing was advertised on October 2 and 9, 2020. Project Location and Contacts:

• The project site consists of two parcels located at 236 Charlotte Street and 336 Hillside Street (PINs 9649-54-9873 and 9649-54-7812).
• Owner / Petitioner: Jewish Community Center Foundation of Asheville; Contact: Michael Mitchell Summary of

Petition:

• The applicant is requesting to expand an existing day care building (called “Hilde’s House” and located at 336 Hillside Street) at the Jewish Community Center (JCC) main campus.
• The expansion includes a new ramp for accessibility, enlarged side porch and a small increase to heated area.
• The proposal includes a new accessible parking space behind the building and a new driveway cut onto Murdock Avenue to allow for egress only.
• The subject parcels were conditionally-zoned by City Council on March 28, 2017, under ordinance number 4570, for the expansion of the JCC main campus building (located at 236 Charlotte Street), the use of the property at 336 Hillside Street for the infant day care (Hilde’s House), and minor site improvements. Most of the work included in the approval has been completed.
• An amendment to the previously approved conditional zoning and related site conditions is required due to the requested site plan changes.
• This amendment also includes the closure of a driveway through the JCC main campus building site (located at 236 Charlotte Street) from Lennox Court to Hillside Street, thereby ceasing its use by the general public through this private property.
• The action by City Council to formally close a portion of the Lennox Court right-of-way was granted by Council in 2019 under resolution 19-266 but the site plan approved in the ordinance did not show closing off vehicular access.
• This amendment formalizes the site plan which was not part of the previous conditional zoning approval.
• The project maintains all of the conditions that were approved in the previous ordinance and includes the following new conditions:
• The separation of the driveway from the property lines on Murdock and Hillside will be as shown on plans (less than the standard 10 foot spacing required). This design would be similar to the residential development pattern in the neighborhood.
• The width of the driveway will be approximately 12 feet on Murdock and maintain approximately nine feet on Hillside as shown on plan (less than the width standard of 24 feet for a non-residential use). This change also mirrors the residential development pattern in the neighborhood.
• Condition number three is amended to indicate that access to the JCC main campus site will no longer be from Lennox Court.
• Condition number four is amended to note that parking spaces at Hilde’s House will be available for both staff and visitors.

Committee Review:

• The Planning & Zoning Commission considered this request at their meetings on September 2 and September 23, 2020, and discussed concerns regarding the new egress connection onto Murdock and the turning radius having possible conflicts with on-street parallel parking spaces.
• The Commission voted 6-1 at the second meeting to support the amendment but with a recommended condition that the driveway onto Murdock would be right-turn out only. The applicant was agreeable to this condition and it has been reflected in the B.1 Conditions.

Comprehensive Plan Consistency:

• This proposal is consistent with the Living Asheville Comprehensive Plan in that the project site is within the areas designated as Neighborhood Center and Traditional Neighborhood in the Future Land Use map, which anticipates non-residential community-focused activity.
• This section of the Plan specifically mentions community centers and other small-scale uses with an emphasis on pedestrian scale and walkability.

Compatibility Analysis:

• The community center and child care uses are currently in place and have been operating on this site for many years, providing services to the neighborhood and larger community.
• The buildings and uses are considered to be compatible with the development along the corridor and scaled down, transitioning into the neighborhood.
• The physical changes included in this amendment address accessibility and access concerns and are designed to keep with the character of the residential area. Committee(s):
• Technical Review Committee (TRC)
• April 6, 2020
• approved with conditions
• Planning & Zoning Commission
• September 2 and 23, 2020
• recommended approval 6-1

Staff Recommendation:

• Staff recommends approval of this amendment and finds that the proposal allows for upgrade and expansion of the child care center and better management of vehicular access on both sites. In summary, (1) Master plan for the JCC campus approved by Council in 2017 (ordinance 4570); (2) Council approved a right-of-way closure for Lennox Court in 2019 that modified access to the Charlotte Street parcel; (3) Specific conditions in the 2017 approval limit ability for expansion or improvement of Hilde’s House infant day care site; and (4) This amendment allows for changes to the building, parking and site access for Hilde’s House and formalizes the current, changed parking lot access configuration for the main campus site. Ms. Ashley Lasher, representing the applicant, gave a brief history of the facility, the quality of the program; and the reputation of the Shalom Children’s Center. They want to renovate Hilde’s House in order to (1) maintain home/neighborhood environment; (2) facilitate implementation of licensing requirements; (3) create uninterrupted sight-lines for supervision; (4) improve ADA accessibility; (5) improve security; and (6) reduce impact of pick-up/drop-off traffic on the community, increasing safety of participants. Ms. Suzanne Godsey, representing the applicant’s design team, showed the site plan of the existing Hilde’s House, along with the proposed site plan. Ms. Wendy Legerton, representing the applicant’s design team, showed the proposed floor plan and the proposed overall 3D view. They asked for Council’s support in the amendment to the conditional zoning. Mayor Manheimer opened the public hearing at 6:10 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. 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 approval (Ordinance No. 4570) for property located at 236 Charlotte Street and 336 Hilliard Street to modify the site plan to reflect the right-of-way closure of Lennox Court and to make changes to the site and building footprint at the Hilde's House infant care facility. This public hearing was advertised on October 2 and 9, 2020. Project Location and Contacts:

• The project site consists of two parcels located at 236 Charlotte Street and 336 Hillside Street (PINs 9649-54-9873 and 9649-54-7812).
• Owner / Petitioner: Jewish Community Center Foundation of Asheville; Contact: Michael Mitchell Summary of

Petition:

• The applicant is requesting to expand an existing day care building (called “Hilde’s House” and located at 336 Hillside Street) at the Jewish Community Center (JCC) main campus.
• The expansion includes a new ramp for accessibility, enlarged side porch and a small increase to heated area.
• The proposal includes a new accessible parking space behind the building and a new driveway cut onto Murdock Avenue to allow for egress only.
• The subject parcels were conditionally-zoned by City Council on March 28, 2017, under ordinance number 4570, for the expansion of the JCC main campus building (located at 236 Charlotte Street), the use of the property at 336 Hillside Street for the infant day care (Hilde’s House), and minor site improvements. Most of the work included in the approval has been completed.
• An amendment to the previously approved conditional zoning and related site conditions is required due to the requested site plan changes.
• This amendment also includes the closure of a driveway through the JCC main campus building site (located at 236 Charlotte Street) from Lennox Court to Hillside Street, thereby ceasing its use by the general public through this private property.
• The action by City Council to formally close a portion of the Lennox Court right-of-way was granted by Council in 2019 under resolution 19-266 but the site plan approved in the ordinance did not show closing off vehicular access.
• This amendment formalizes the site plan which was not part of the previous conditional zoning approval.
• The project maintains all of the conditions that were approved in the previous ordinance and includes the following new conditions:
• The separation of the driveway from the property lines on Murdock and Hillside will be as shown on plans (less than the standard 10 foot spacing required). This design would be similar to the residential development pattern in the neighborhood.
• The width of the driveway will be approximately 12 feet on Murdock and maintain approximately nine feet on Hillside as shown on plan (less than the width standard of 24 feet for a non-residential use). This change also mirrors the residential development pattern in the neighborhood.
• Condition number three is amended to indicate that access to the JCC main campus site will no longer be from Lennox Court.
• Condition number four is amended to note that parking spaces at Hilde’s House will be available for both staff and visitors.

Committee Review:

• The Planning & Zoning Commission considered this request at their meetings on September 2 and September 23, 2020, and discussed concerns regarding the new egress connection onto Murdock and the turning radius having possible conflicts with on-street parallel parking spaces.
• The Commission voted 6-1 at the second meeting to support the amendment but with a recommended condition that the driveway onto Murdock would be right-turn out only. The applicant was agreeable to this condition and it has been reflected in the B.1 Conditions.

Comprehensive Plan Consistency:

• This proposal is consistent with the Living Asheville Comprehensive Plan in that the project site is within the areas designated as Neighborhood Center and Traditional Neighborhood in the Future Land Use map, which anticipates non-residential community-focused activity.
• This section of the Plan specifically mentions community centers and other small-scale uses with an emphasis on pedestrian scale and walkability.

Compatibility Analysis:

• The community center and child care uses are currently in place and have been operating on this site for many years, providing services to the neighborhood and larger community.
• The buildings and uses are considered to be compatible with the development along the corridor and scaled down, transitioning into the neighborhood.
• The physical changes included in this amendment address accessibility and access concerns and are designed to keep with the character of the residential area. Committee(s):
• Technical Review Committee (TRC)
• April 6, 2020
• approved with conditions
• Planning & Zoning Commission
• September 2 and 23, 2020
• recommended approval 6-1

Staff Recommendation:

• Staff recommends approval of this amendment and finds that the proposal allows for upgrade and expansion of the child care center and better management of vehicular access on both sites. In summary, (1) Master plan for the JCC campus approved by Council in 2017 (ordinance 4570); (2) Council approved a right-of-way closure for Lennox Court in 2019 that modified access to the Charlotte Street parcel; (3) Specific conditions in the 2017 approval limit ability for expansion or improvement of Hilde’s House infant day care site; and (4) This amendment allows for changes to the building, parking and site access for Hilde’s House and formalizes the current, changed parking lot access configuration for the main campus site. Ms. Ashley Lasher, representing the applicant, gave a brief history of the facility, the quality of the program; and the reputation of the Shalom Children’s Center. They want to renovate Hilde’s House in order to (1) maintain home/neighborhood environment; (2) facilitate implementation of licensing requirements; (3) create uninterrupted sight-lines for supervision; (4) improve ADA accessibility; (5) improve security; and (6) reduce impact of pick-up/drop-off traffic on the community, increasing safety of participants. Ms. Suzanne Godsey, representing the applicant’s design team, showed the site plan of the existing Hilde’s House, along with the proposed site plan. Ms. Wendy Legerton, representing the applicant’s design team, showed the proposed floor plan and the proposed overall 3D view. They asked for Council’s support in the amendment to the conditional zoning. Mayor Manheimer opened the public hearing at 6:10 p.m. Mayor Manheimer announced that there were no advanced live call-ins for this public hearing item. 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,

Mayor Manheimer said that this public hearing was held on September 22, 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. Hearing no more 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.

At the request of Mayor Manheimer,

At the request of Mayor Manheimer,