City Council regular meeting — January 26, 2021

Mayor Manheimer said that this public hearing was held on January 12, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read. Principal Planner Shannon Tuch said that at the applicant’s request, the Condition B.1 report has been amended to include “13. Applicant will make good faith efforts to contract with small and minority firms and women’s business enterprises, as follows: a. Applicant will take affirmative steps to assure that minority firms and women’s business enterprises are used when possible. Affirmative steps will include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Working with the YMI, Mountain BizWorks and other local non-profit agencies that serve the minority communities in Asheville to promote information about job opportunities.” Councilwoman Roney said that in looking at the available land we have in corridors where we can have a lot of traffic, she has to look at the long-term goals, and not just the shortterm benefits. She felt we scrapped the barrel on how this is in line with our stated goals for just 130,000 in taxes. If we take the money now, what is the long-term side effect? For that reason, she didn’t see how this conditional zoning gets us to our stated goals. She will be voting against the conditional zoning; however, she does have gratitude for the community agreements that our Council members have worked on for minority and women-owned business efforts.

Mayor Manheimer said that this public hearing was held on January 12, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. After hearing additional public comment 24 hours after the public hearing, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read. Councilwoman Roney said what we need is the opportunity to have accountability for the community. She felt this doesn’t get us there. She is still worried that we had community partners at the table in the conversation about what we needed to do next for the Civil Service Board but we don’t have that yet. She acknowledged that this is the best we can do with a bad situation. However, she still has concerns about why we would still add a rule that is not congruent with every city in the state around the one year probationary period. She understands we are going from a terrible situation to a less terrible situation on the pathway to get what we actually need, which is a Citizen Review Board.

Background:

• The French Broad River Metropolitan Planning Organization (FBRMPO) published a competitive grant opportunity during late October 2020 for transportation planning grants.
• The grant opportunity provides a total of $200,000 in funding for member organizations to complete a short-term planning or feasibility study with a focus on improving transportation facilities in or throughout the region.
• Applications were due on December 30, 2020.
• City staff determined that the completion of a feasibility study for the next two sections of the Reed Creek Greenway would be a good candidate. a. First section
• Elizabeth Street to the I-240 pedestrian bridge at Hill Street near Isaac Dickson Elementary School. b. Second section
• W.T. Weaver Boulevard to the intersection of Broadway Avenue and Riverside Drive near UNCA. Committee(s):
• None. Pro(s):
• Provide funding support to complete the next step in the process toward construction of the final two sections of the Reed Creek Greenway.
• Provide preferred alignments, construction feasibility information, and cost estimates. Con(s):
• None.

Fiscal Impact:

• A 20% local match is required if awarded. The total project cost is expected to be approximately $50,000, therefore the City’s match would be $10,000 if awarded.
• If awarded, the money for the required match of $10,000 would be included in the FY 22 Budget.

Background:

• The Water Resources Department (WRD) has historically removed Water Treatment Plant residuals, also known as “sludge” from all three water treatment plants and delivered them to the Metropolitan Sewerage District (MSD) to be treated.
• MSD can no longer treat these residuals from the City of Asheville or any other water treatment facilities due to their new Air Quality Title V and renewed National Pollutant Discharge Elimination System (NPDES) permits.
• The Buncombe County Landfill agreed to take residuals for a period of two years while WRD and the consulting engineering firm GHD vet other treatment and/or disposal options.
• The WRD entered into a contract with BioNomic Services, Inc. for removal for the first year in the amount of $257,180 with a contingency in the amount of $38,577 for a project total budget in the amount of $295,757. Years 2-3 were budgeted at $200,000 annually.
• Due to the cost of removal, staff has determined that the cost of the residuals removal surpasses the budgeted amount for years 2-3.
• A change order is requested for $67,388 for year 2, and for $94,126 for year 3.
• The total change order for years 2-3 is $161,515.
• This provides a total residuals removal budget of $561,515 for the remainder of the contract.

Vendor Outreach Efforts:

• This is a change order; therefore, no further vendor outreach efforts were performed. Committee(s):
• None. Pro(s):
• This change order allows for the continued removal of residuals from each of the three water treatment plants.
• This aligns with the ISO 14001 Environmental Management System and with the city’s goal to be environmentally responsible.
• Ability to continue to treat and deliver drinking water to the City of Asheville Con(s):
• None.

Fiscal Impact:

• The change order will impact the budget for year 2 by $67,388, and year 3 by $94,126, for a total increase of $161,515 over the term of the contract.
• Funding for the change order for years 2 and 3 will be included in upcoming Water Resources Recommended Operating Fund budgets.

Background:

• WPLaw Incorporated was selected as the design-build contractor through a Request for Qualifications(RFQ) process which required that teams submitting proposals show a thorough understanding of fountain operation and maintenance and a list of projects which they had previously completed.
• As allowed by State Statute, the City Manager approved the design-build construction method and the initial assessment phase of this project.
• Design-build was recommended as it will provide the most expeditious method of project completion and the best possibility of opening Splashville by Summer 2021.
• The three Pack Square Park Fountains were assessed by WPLaw in Fall 2020 as part of the initial design-build contract.
• In addition to all three fountains being in disrepair, the Mid-Block fountain and the Splasheville fountain are inoperable.
• Due to funding limitations, repairs can only be made on one fountain at this time.
• Parks and Recreation Department staff have prioritized the Splasheville fountain to be restored with the current available funding.
• This fountain has been prioritized because it is a recreational attraction for families and needs to be capable of operating during the 2021summer season.
• Future funding availability will allow for the other fountains to be repaired which may be completed as an amendment to this design-build contract.
• Splasehville repairs include general maintenance items such as pump and controller replacement and full replacement of the jets and lighting.
• The work is estimated to start in April and will take approximately four months to complete.

Vendor Outreach Efforts:

• Outreach for the original contract included staff performing 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 and all work will be self-performed by the prime contractor as a result there are no subcontracting opportunities available. Committee(s):
• Currently the Parks and Recreation Advisory Board is not meeting due to COVID. Pro(s):
• This contract amendment will restore a highly used downtown amenity to working order.
• The new equipment will provide a more reliable fountain feature. Con(s):
• Current funding does not allow for the repair of all three fountains

Fiscal Impact:

• Funding for this contract is included in the Pack Square maintenance budget in the Parks and Recreation Department's Adopted General Fund budget.

Background:

• North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys.
• Spano and Associates Asheville, LLC has petitioned for this closure and they own the property associated with the Edgewood Road South Subdivision project (19-08084PZ) that was approved with conditions by the Technical Review Committee on March 2, 2019.
• The unopened right-of-way formerly connected on the southern side of the unopened portion of Bellevue Road and presently does not connect to any other right-of-way.
• This closure would not impede any future transportation connections nor does it conflict with any utility access. Committee(s):
• Multimodal Transportation Committee
• December 10, 2020
• approved unanimously. Pro(s):
• Promotes sustainable high density infill growth that makes efficient use of existing resources. Con(s):

None Fiscal Impact:

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

Background:

• North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys.
• Milan Asheville, LLC has petitioned for this closure and they own the property at 324 Biltmore Avenue (PIN # 9648-46-4336).
• This closure request is associated with the Residence Inn (FKA Extended Stay Hotel at Hospital Center) (18-05806PZ) that was approved by City Council on March 12, 2019 under ordinance 4733 and approved with conditions by the Technical Review Committee on January 6, 2020.
• This closure will not impede any future transportation connections nor does it conflict with any utility access. Committee(s):
• Multimodal Transportation Committee
• December 10, 2020
• approved unanimously. Pro(s):
• Promotes sustainable high density infill growth that makes efficient use of existing resources. Con(s):

None Fiscal Impact:

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

Mayor Manheimer said that this public hearing was held on January 12, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. Hearing no more public comment, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.

Mayor Manheimer said that this public hearing was held on January 12, 2021, and due to recent legislation regarding remote meetings, the public hearing comment period remained open for 24 hours after the public hearing. After hearing additional public comment 24 hours after the public hearing, Mayor Manheimer closed the public hearing and said that members of Council have previously received a copy of the resolution and it would not be read.

Mayor Manheimer announced that this resolution has been pulled from consideration in order to address a discrepancy in the property description.