City Council regular meeting — March 22, 2022

Background:

• The City contracts with Buncombe County to provide the City’s federally required Paratransit Services.
• The contract cost for Fiscal Year 2022 (current year) is $1,214,698.
• Funding to pay for the Paratransit Services contract was budgeted in the Transit Operations Fund for Fiscal Year 2022 when the City budget was approved.
• This action revises the amount of the contract previously approved by the City Council in Resolution 21-187 on August 24, 2021.
• This action is necessary due to a previous clerical error which incorrectly described the contractual funding requirement for Fiscal Year 2022 as $1,485,552.23. Committee(s):
• None. Pro(s):
• Allows the City to pay Buncombe County for Paratransit Services rendered this fiscal year. Con(s):
• None.

Fiscal Impact:

• Funding for the contract was budgeted in the Transit Operations Fund for Fiscal Year 2022.

Background:

• To meet the growing need for City Hall employee parking, the City of Asheville leases parking spaces from the First Baptist Church at 5 Oak Street.
• As more and more employees return to work at City Hall, there will still be a need for additional parking near the City Hall complex.
• An initial lease agreement was signed in March of 2018 for one year and the City leased thirty parking spaces as a trial period to see if the spaces would be used by City employees.
• When the City renewed it the following year, a decision was made to lease twenty spaces.
• At this time, almost all of the leased spaces are in use by City employees and the City is interested in extending the lease for another 24 months.
• The City wants to continue to lease 20 spaces instead of 30.
• The City seeks an extension of the lease at a price of $50.00 per space.
• With 20 spaces being leased, the monthly amount is $1,000 ($12,000 per year). Committee(s):
• None Pro(s):
• This parking lot provides much needed extra parking for city employees.
• The $50 fee is below market rate in the downtown area.
• Because of the walk involved, the City has offered wellness points for employees using the parking spaces at the church. Con(s):
• The City is the tenant in this situation and this constitutes a regular financial obligation.

Fiscal Impact:

• The General Fund will be responsible for the rental amount of $12,000 per year under the terms of the lease.

Background:

• In August 2014, the Asheville Art Museum (AAM) and the Wortham Center for the Performing Arts (WCPA) entered into separate lease agreements with the City of Asheville for portions of the facility known as Pack Place Center located at 2 South Pack Square.
• As part of their lease agreements, AAM and WCPA make payments to the City of Asheville that are designated for capital maintenance at Pack Place Center.
• To-date, the City has collected approximately $140,000 in capital maintenance payments from AAM and WCPA as part of their lease agreements.
• AAM and WCPA have asked the City of Asheville to enter into a Memorandum of Agreement to commit funding to a project that will allow for improved access to their jointly shared basement space at a total estimated cost of $35,911.13.
• AAM and WCPA will each pay 15% of the cost and they have requested that the City fund 70% of the cost.
• Staff is recommending that Council appropriate capital maintenance revenue previously received from the lease agreements with AAM and WCPA to fund the City’s 70% share, or $25,138. Committee(s):
• None Pro(s):
• Ensures funding for a mutually agreed upon improvement project at a City-owned facility;
• Utilizes a dedicated funding source as opposed to General Fund dollars. Con(s):
• Reduces funding available for other capital maintenance projects at the Pack Place Center.

Fiscal Impact:

• As noted above, the City has already collected approximately $140,000 from AAM and WCPA over the life of their lease agreements; the budget amendment will be appropriating a portion of that funding.

Background:

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• - RUBICONSmartCity is a suite of technology products and services designed to help city governments run municipal operations faster, smarter, and more effectively. Rubicon’s technology is installed in City Sanitation trucks, which helps the City of Asheville save money and provide more efficient solid waste services. The AVL (automatic vehicle location) technology includes ‘pods’ which provide data on vehicle health, vehicle location, and driver behavior; and in-vehicle tablets which provide drivers with route directions, show service confirmation at each stop, and enable drivers to report any issues they see in the field with the touch of a button. The Sanitation Division entered into an 18-month contract with Rubicon Global, LLC, in 2020 to provide fleet technology services and training to our staff. The contract term expires March 31, 2022, with options to amend and renew. Benefits of the technology include improved safety, reduced City liability, improved customer service, and opportunities to improve sustainability of City Sanitation operations. The Sanitation Division intends to amend and renew the contract for an additional 3 years. Amendments to the contract include the addition of technology devices (pods) for recently purchased vehicles, and a change from renting tablets to purchasing City-owned tablets for in-vehicle use.

Vendor Outreach Efforts:

• Rubicon Global, LLC, provides a specialized service to the City of Asheville, and the contract is available on the HGACBuy cooperative contract. Committee(s):
• None Pro(s):
• Renewing this contract allows the Sanitation Division to continue to improve operations, safety, and service to the community. Con(s):

None Fiscal Impact:

• The three (3) year contract has a cost of $178,970.40, plus a 10% contingency of $17,897.04 to allow for the ability to add or subtract devices and services as needed per HGACBuy costs listed in the contract.
• The contract is paid on an annual basis from the Sanitation Division adopted operating budget.

Background:

• On January 13, 2022, the Water Resources Department (WRD) issued an advertisement for bids for WDP #2: Patton Avenue Water Distribution Project.
• The scope of work for this project includes the installation of approximately 6,986 LF of 24-inch ductile iron pipe, 514 LF of 8-inch ductile iron pipe, a 24-inch water main trenchless crossing of New Leicester Highway, and other miscellaneous water system components including service connections and other appurtenances all located along Patton Avenue (US-19) between Hazel Mill Road and Haywood Road.
• This proposed project has been determined to be a critical installation through a prioritization and master planning process and will increase the water system's reliability and service capacity by replacing existing smaller diameter water lines that have higher failure rates due to age and that limit water service capacity due to size.
• In response to the advertisement for bids, the WRD received three (3) bids on February 24, 2022. Companies responding were: 1. T.P. Howard Plumbing Company, Inc.: Fairview, NC
• $6,300,000.00 2. Buckeye Bridge, LLC: Canton, NC
• $9,008,497.00 3. Morgan Contracting, Inc.: Knoxville, TN
• $23,865,187.00
• Following a review of the bids by City staff and the project engineers,CDM Smith, T.P. Howard’s Plumbing Co. Inc. was selected as the lowest responsible, responsive bidder.
• The Water Resources Department requests authorization to contract with T.P. Howard’s Plumbing Co. Inc. for the bid amount of $6,300,000.00 plus a 10% contingency in the amount of $630,000.00, for a total project budget in the amount of $6,930,000.

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.
• No MWBE firms submitted bids as the prime contractor. Committee(s):
• Not applicable. Pro(s):
• This project is aligned with the City's and the Water Resources Department's goal of continued investment and improvement of the City’s water system through capital improvement projects, in order 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:

• The current phone system, serving all City departments, is at end-of-life.
• This means that it is no longer supported by the vendor and could cause security and reliability issues.
• The current system was installed over 15 years ago and lacks modern features.
• Following the North Carolina Statutory IT exceptions RFP Process, the City published a Request for Proposals (RFP) seeking responses to our requirements for a replacement phone/call center system.

Vendor Outreach Efforts:

• Staff began the RFP process in January of 2021 (298-IT-PhoneFY21).
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• - This was posted to the State’s and the City’s bid sites. The Asheville Business Inclusion office shared the RFP with their network. Out of 26 proposals received, one identified as an MWBE vendor (Business Operational Concepts: Woman-Owned). After evaluating the proposals and scoring responses based on selection criteria, the RFP team selected TRUE IP SOLUTIONS, LLC. Committee(s):
• N/A Pro(s):
• A hosted (“cloud-based”) phone system has enhanced features, including call-center features and remote working options.
• Avoidance of over $200,000 of capital costs to upgrade the current phone system.
• The operational costs of the new system are approximately ⅔ of the old system.
• Aligns with City of Asheville IT Services strategic plan to utilize cloud-based systems where possible in order to improve features offered as well as the City’s security posture. Con(s):

N/A Fiscal Impact:

• The 3-year contract is budgeted not to exceed $90,000 annually or $270,0000 for all three years.
• The annual amount is already included in City departmental budgets based on the number of users.
• The resolution would authorize the City Manager to execute the renewal options as stated in the contract after the initial three years.

Background:

• In January 2022, the French Broad River Metropolitan Planning Organization (MPO) issued a call for Locally Administered Project Program projects as part of the Surface Transportation Block Grant Direct Attributable (STBG-DA) and the Transportation Alternative Project Program (TAPP-DA) program.
• These federal funds are awarded on a competitive basis through a call for projects that are typically held every two years by the MPO.
• The total available amount of funding in this grant cycle is $13,987,000, to be available in FY 2027-FY 2028.
• Eligible uses of these funds include transportation capital facilities and buses and bus facilities.
• Staff in Transportation and Capital Projects Departments reviewed existing CIP projects and current City transportation priorities to determine which projects most closely align with the requirements and criteria for the LAPP funding, as well as the timing of the LAPP funding.
• The grant requires a minimum 20% local match.
• Staff identified three potential projects to apply for (in no particular order): a. $2,000,000 (match = $400,000)
• Asheville Rides Transit (ART) bus replacement purchases. In 2027 and 2028, approximately 10 existing ART buses are expected to be near the end of their useful life. While the funding requested will not fund the entirety of these replacements, it will support the continued investment in transit and reduce the impact on the Capital Fund. Matching funds for the purchases would need to be programmed in a future Capital Improvement Program. b. $6,500,000 (match = $1,300,000)
• Livingston Street “Complete Street” Project. This project currently has a completed design, however, staff would like to revisit the project design and conduct additional community engagement to determine if changes in the design are desired. The grant funding would support additional engagement, redesign if necessary, and construction). Matching funds for this project would need to be programmed in a future Capital Improvement Program. c. $2,700,000 (match = $540,000)
• Swannanoa River Greenway. This grant request is to add additional funds to the existing $3.6 million in transportation General Obligation (GO) bond funding already allocated to the project. The GO bond funds will be used to meet the match requirements, therefore no additional matching funds would need to be budgeted. Committee(s):
• N/A Pro(s):
• These funding opportunities will allow us to proceed with existing transportation projects and to purchase more buses. Con(s):
• - The City will be responsible for providing matching funds in the amount of $1,700,000: however, matching funds for the Swannanoa Greenway project are already accounted for via the GO bond program funds dedicated to the project. If awarded, grant funds would not be programmed and available until 2027 or 2028, which has an impact on project schedules but also assists with budget planning. Fiscal Impact::
• The total 20% City match for this grant will be $2,240,000. As noted above, $1,700,000 of this match will need to be considered for funding in future capital budgets.

Background:

• The main scope of the project is the resurfacing of 15 streets for a total of 3.36 miles.
• Also included will be repairs to the concrete sidewalk and ADA improvements.
• The contract was advertised on February 3, 2022. and bids were opened on February 24, 2022.
• The following bids were received: Tarheel Paving and Asphalt, Inc. of Hendersonville, NC $1,321,207.82 Bryant’s Land and Developments Industries, Inc. of Burnsville, NC $1,536,253.18 French Broad Paving, Inc. of Marshall, NC $1,645,100.00 Harrison Construction of Asheville, NC $2,315,559.65
• The contract is expected to be available on May 1, 2022, and the contractor has until December 15, 2022, to complete the work.

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.
• Staff also checked the NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors.
• Only one company from an identified disparity group (Black American) was found in the ten-county area and staff directly contacted that company.
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• - The company did not bid as a prime, but is listed as a sub with one of the prime bidders. Two women-owned businesses were also directly contacted, but neither submitted a bid. Two MWBEs, one Black-owned and one woman-owned, will be operating as subcontractors on the project. Tarheel Paving anticipates expending 16.7 percent of the total dollar amount of the contract with these companies. Committee(s):
• None Pro(s):
• The award of this contract will resurface 3.36 miles of City streets. Con(s):
• This construction work, although performed via a contractor, will also use City staff administrative time to ensure the work is properly performed.

Fiscal Impact:

• Funding for this contract is already budgeted in the General Capital Projects Fund as part of the Capital Improvement Program (CIP).

Background:

• North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys.
• The statute requires City Council to consider whether the closure of the right-of-way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure.
• Delray Ventures has petitioned for this closure associated with the Avery Project located at 363 Hilliard.
• The City Council held a public hearing for the Avery Project Conditional Zoning request at their February 22, 2022 meeting and denied the project.
• The applicant revised the Conditional Zoning request and returned to City Council on March 8, 2022 and received approval. Committee(s):
• This closure request was recommended for approval by the Technical Review Committee on November 15, 2021 based on the Avery Project proposal, including the project’s site plan, pedestrian improvements, and proposed bike lane improvements.
• The Multimodal Transportation Commission (MMTC) reviewed the ROW closure request on February 23, 2022, following the February 22 City Council meeting.
• Due to the Council’s initial denial of the project’s Conditional Zoning, the MMTC denied the ROW closure.
• Staff did not return to the MMTC following the Council’s March 8 approval. Pro(s):
• Promotes sustainable high density infill growth that makes efficient use of existing resources.
• The Avery Project will improve the existing bicycle facility on Hilliard Avenue along the project frontage, as well as make substantial improvements to pedestrian facilities on Hilliard and Clingman.
• The project will provide a pedestrian easement within the ROW closure area to facilitate public pedestrian access. Con(s):
• Closure of an existing alley eliminates future potential uses within the ROW closure area.

Fiscal Impact:

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

Background:

• A Request for Proposals was advertised for interested companies to operate and maintain the three (3) City of Asheville pools and Splasheville interactive fountain for (1) year with an option to renew for an additional (2) years was issued in February 2021.
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• - Swim Club Management Group, Inc. was awarded the contract in March 2021 based on the qualifications, understanding of the scope of services, cost, availability, and the ability to provide all labor, materials, and supplies for the operations and management of the City’s aquatic facilities. The original contract amount had a not to exceed amount of $191,000 accounting for one season of management operations. The amended contract aligns the already approved terms of one year with 2 two-year renewal options with the cumulative not to exceed amount of $506,113, over the life of the contract. The amendment clarifies dates and times for pools and splash pad to be in operation and updates the terms and conditions in response to an increase in supply costs and staffing. There is a strong relationship between the City of Asheville and Swim Club Management Group, Inc. They were easy to work with during the 2021 operating season as there were many unknowns as to operating during COVID. Committee(s):
• None Pro(s):
• Contracting with a professional aquatic facilities management company for operations and maintenance ensures community pools will be operated in a safe, efficient manner and eliminate the obstacles associated with retaining an adequate number of certified staff.
• Reduces the seasonal hiring impacts on the Human Resources Department to recruit, hire and on-board temporary employees.
• Community pool operations will be operated with the adequate number of certified staff for the pool season. Con(s):

None Fiscal Impact:

• There is no additional fiscal impact.
• Funds for the management contract will come from existing department funds allocated for pool operations.

Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none. Mayor Manheimer 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.

At the applicant’s request,

At the applicant’s request,

Parks & Recreation Director D. Tyrell McGirt said that following further discussion with community and other user groups, staff recommends the adoption of a resolution authorizing the City Manager to move to Phase 2 of development of Memorial Stadium and that Phase 2 include a 6 lane competitive track as described in the attached exhibit, expansion of walking trail, as well as other improvements recommended by staff as described in the March 22, 2022 presentation. Background:

• Phase 1 of a multi-phase project has been completed to make improvements to Memorial Stadium.
• Work completed to date include: new turf, replacement and relocation of stormwater, new field drainage, cleaned concrete bleachers, construction of accessible ramps to concrete bleachers, constructed sidewalks at ends of field connecting pedestrian access to bleachers.
• As staff progressed into implementation of Phase 2 of the project, interest was raised by the community and other user groups to look into expanding the proposed walking trail and consider the feasibility of adding a 400 meter 6-lane track into the design of Phase 2.
• Staff met with community members on March 10, 2022 to present possible options for the walking trail and track as additions to Memorial Stadium and Mountainside Park.
• Staff presented pros and cons of the options.
• After further discussion with the community and other user groups and an internal assessment of the feasibility of adding the track, staff concluded the track could be added and recommends that Council consider adding it into the Phase 2 improvements for Memorial Stadium along with further enhancements that were originally planned including those to Mountainside Park. Committee(s):
• N/A Pro(s):
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• A 6 lane competitive track will provide a dedicated area for fitness walking and running. Provides opportunities for community running programs Allows hosting of track events Aligns seating with available parking capacity Responds to community expressed interests and needs Con(s):
• Reduces current seating capacity
• Reduces flag football field capacity
• Reduces soccer field size
• Requires new restroom building
• Impacts neighborhood with increased programming.

Fiscal Impact:

• Costs to cover entire recommended improvements is $4.4 million
• Current available funding for this project is $1.0 million dollars which leaves a funding gap of $3.4 million dollars.
• Staff will provide the Council with possible sources of funding at a future Council meeting. Parks & Recreation Director D. Tyrell McGirt outlined the key takeaways: (1) Phase I completed; (2) Phase 2 planned improvements; (3) Phase 2 walking trail and track options; and (4) recommendations and next steps. He said Phase 1 of a multi-phase project to enhance Memorial Stadium has been completed. As staff progressed into implementation of Phase 2 of the project, interest was expressed by the community and other user groups to look into expanding the proposed walking trail and consider the feasibility of adding a 400 meter 6-lane track into the Phase 2 design. After further discussion with the community and other user groups, and an internal assessment of the feasibility of adding the track, staff concluded the track could be added and recommends that Council consider including it along with the previously planned Phase 2 improvements at Memorial Stadium and Mountainside Park. The work completed in Phase I was new turf; replaced and relocated stormwater; new field drainage; concrete bleachers cleaned; accessible ramp for concrete bleachers; pedestrian access along ends of field; accessible ramp for concrete bleachers; and sidewalks along ends of the field connecting pedestrian access to bleachers. Phase II planned projects for the Mountain Side Park Playground include a walking trail; trike track, poured-in-place surfacing; swing replacement; bench and table seating; and shade trees. The Phase II planned projects for the new restroom and storage facility include demolition of current concession stand and restroom facilities; construct new combined restroom and storage facility; improve accessibility; security lighting; and scoreboard improvements. Regarding Phase 2 walking trail and track options, as staff progressed into implementation of Phase 2 of the multi-phase project, interest was raised by the community and other user groups to look into expanding the proposed walking trail and consider the feasibility of adding a 400 meter 6-lane track into the Phase 2 design. Staff developed three possible options for the trail and the possible option of a 6-lane track and presented them at a community meeting that included both pros and cons of each option. He showed the two options for the walking trail. The track option is 6-lane competitive track; 400 meter; 18’ wide path (3’ per lane); rubber track surfacing; reduce largest turf field to 65 yards x 120 yards; replace existing restroom; replace western bleachers with concrete plaza to allow for temporary seating expansion; and modify existing stormwater pipes to accommodate track. After further discussion with the community and other user groups, and an internal assessment of the feasibility of adding the track, staff concluded the track could be added and recommends that Council consider including it along with the previously planned Phase 2 improvements at Memorial Stadium and Mountainside Park. The recommended track option includes 6-lane competitive track; rubber track surfacing; reduce largest turf field to 65 yards x 120 yards; replace existing restroom; replace western bleachers with concrete plaza to allow for temporary seating expansion; modify existing stormwater pipes to accommodate track; 10’-12’ side paved asphalt walking trail; and playground improvements
• for a total estimated cost of $4.4 Million. Staff recommends City Council adopt a resolution authorizing the City Manager to identify funding for phase 2 of the Memorial Stadium improvements as recommended by staff, to enter into the design phase to include a 6-lane competitive track with dimensions as described in the exhibit attached to the resolution, and begin implementation of other staff recommendations as described in this staff presentation. If approved, staff will identify possible funding source(s) to address the funding gap. Staff will also develop a design and construction schedule. Mr. McGirt responded to various questions/comments from Council, some being, but are not limited to: requirements of use of bond funds; what was the original budget estimate for this work; how many people can the concrete stands hold; confirmation that no users will be displaced by this design, but with the new track, we will be able to offer a field and track program; what does the $4.4 Million include; with this new track, what does the programming look like for non-profits, schools, the neighborhood, etc.; confirmation that a parking plan is needed for Memorial Stadium; status of moving the Hunt Hill maintenance facility from its current location; update on the passive park adjacent to Carolina Day; update on the impact of football on the field; will there be an effort to install the new track between seasons, or will there be interruptions of other current users; who would be responsible for assembling temporary seats; has there been discussions with user groups about them providing their own off-site parking with shuttles; and possible use of Tourism Development Authority funding to close the gap needed on this project. Councilwoman Mosley provided background information on Memorial Stadium, noting that on March 6, 1998, a subject on the City Council agenda was the sale of Memorial Stadium to an independent purchaser. The reason for the proposal was to benefit a little league team from north Asheville. It looked like the City was considering the sale because Memorial Stadium was in such disrepair and it was estimated to get it up to par would be approximately $30 Million over 15 years. She outlined several comments from the meeting, i.e., over 495 children lived in public housing within walking distance of Memorial Stadium; Memorial Stadium is being used by the elderly for a safe place to exercise; Memorial Stadium should remain for historical value; Memorial Stadium is an excellent site to hold large community meetings; and need to hold the land for future generations. Ultimately, City Council at that time voted not to sell Memorial Stadium on a 4-3 vote. She hoped that the community will educate their children and grandchildren on the history of this property so hopefully the issue to sell will not come back up in another 20 years or so. One individual noted that in 2019 a community input session was held at Stephens-Lee and the plan with the strongest support was for a field with no track. He felt that support should be honored. Five individuals spoke in support of the 6-lane track at Memorial Stadium. Councilwoman Kilgore was pleased that we are now going to enjoy a much improved area. She hoped that when it comes to programming the area, consideration will be given to what the African American community has been through and possibly allow them precedent over future programming of the area. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.