City Council regular meeting — May 10, 2022

Urban Planner Sasha Vrtunski said that this is the consideration of a resolution authorizing the City Manager to negotiate and enter into a grant agreement with the Housing Authority of the City of Asheville (HACA) in the amount of $1.2 million from General Obligation (GO) Affordable Housing Bond funds. Background:

• The Reimagining Deaverview
• Phase I will build 82 new affordable mixed-income housing units serving families earning between 10% and 80% of Area Median Income (AMI).
• The majority of units will serve those below 60% AMI, and when averaged, incomes for the project will be below 60% AMI.
• These units will replace 82 of the existing 160 units at Deaverview, but will allow residents who want to stay in the Deaverview community to move once and not experience any displacement during construction.
• The total project cost is estimated at approximately $16.45 Million, and the project is seeking funding through a combination of 9% Low Income Housing Tax Credit (LIHTC) funds, NCHFA Loan funds, permanent loan financing, Housing Authority Funds, Buncombe County grant funds in the amount of $935,286 and City grant funds in the amount of $1.465 million. The developer fee for this project is within the limits set by NCHFA.
• The Housing Authority originally requested $1.2 Million for the project, but has asked the City to raise that amount to $1.465 Million to cover the gap in funding.
• 42 of the 82 units will continue to have deep subsidies, serving families below 50% of AMI.
• HACA’s current families have an average income of just over $10,000 or 20% of AMI.
• The City’s full funding of $1.2 million will fund eligible project costs including such costs as demolition of the community building, site work, infrastructure and construction at 275 Deaverview Road.
• Though not a requirement of the City funding, requirements for HUD Davis Bacon (appropriate local prevailing wages from the US Department of Labor) & Section 3 (to the greatest extent possible, the developer will provide training, employment, contracting and other economic opportunities to low- and very low-income persons) will be followed in this redevelopment.
• This funding is similar to past City/County/Housing Authority partnerships.
• As a precedent, the City had previously partnered with the Housing Authority and Buncombe County on funding for Maple Crest at Lee Walker Heights.
• The City utilized CIP, Fund Balance, and Affordable Housing Bond to facilitate a grant of funds.
• This recommendation is similar to that situation in that it is a grant, and does not utilize the Housing Trust Fund.
• The Housing Authority is seeking a grant of funds from both the City and the County to support their 9% tax credit application. Request
• HACA has requested that the City’s funds be structured as a grant to HACA, which HACA will invest in the project consistent with Low Income Housing Tax Credit requirements.
• City staff agrees based on the following:
• City funding is contingent on the award of a 9% Low Income Housing Tax Credit (LIHTC) proposal.
• City funding is contingent on Buncombe County also agreeing to provide a grant of $935,286.
• City funding is contingent upon HACA putting in $1.2M from their reserve fund.
• $1.2 million for 82 units at Deaverview is a subsidy of $14,634 per unit (which aligns with the subsidy level typically approved for the City’s HTF loans).
• Per HACA, this project will provide affordability in perpetuity as is consistent with the Housing Authority’s mission.
• The mission of the HACA is to provide safe, quality, and affordable housing, to expand available resources, and to collaborate with the community to create opportunities for resident self-reliance and economic independence.
• HACA often houses our most vulnerable and hardest to house residents, and have been fulfilling this mission since 1940.
• Given the low subsidy per unit to assist our very-low AMI residents and families, a guarantee of perpetual affordability, the importance of this neighborhood redevelopment and the future success of the 82 individuals and families, City Staff agrees that a grant to HACA is appropriate. Committee(s):
• Housing and Community Development Committee (HCD)
• April 27, 2022
• approved 3-0. Pro(s):
• This funding supports 82 new affordable and replacement units that will be permanently affordable, a subsidy of $14,634 per unit, which represents a comparatively high value for the City subsidy given the target incomes being served by this development.
• The development of these units will allow 82 households to move into new units without being displaced during construction (no demolition of existing units until there are new units available).
• Aligns with the purpose of GO Housing Bonds in making progress on Affordable Housing Bond Projects.
• The redevelopment of Deaverview Apartments, when considered in the context of the larger Deaverview area as a whole, will generate affordable mixed-income housing.
• City funds will be used to fill the gap on a Low Income Housing Tax Credit (LIHTC) proposal and without these funds, the project would not be possible.
• This redevelopment aligns with the City of Asheville’s Consolidated Plan goals of prioritizing rental housing affordable to 60% AMI and below.
• While the funding is structured as a grant, draw requests, after the initial disbursement, will only be disbursed when sufficient work has been completed and verified by the City. Con(s):

None Fiscal Impact:

• Approval of this request would reduce the existing balance of approximately $7.4M in available Affordable Housing bond funds to a remaining estimated balance of $6.2 Million. Ms. Vrtunski said that the Housing Authority is requesting $1.2 Million for Reimagining Deaverview Phase I from Affordable Housing Bond funds. Buncombe County has granted $935,826 towards the project. HACA is now requesting $1.465 Million to fill the gap in funding. Staff is recommending $1.2 Million for this project. The City funding is contingent on the award of a 9% Low Income Housing Tax Credit (LIHTC) proposal. The City funding is also contingent on Buncombe County also contributing a grant to HACA. The $1.2 million for 82 units at Deaverview is a subsidy of $14,634 per unit which aligns with subsidy level typically approved for the City’s Housing Trust Fund loans. This funding is similar to past City
• County
• Housing Authority partnerships i.e Maple Crest at Lee Walker Heights. Regarding the background, (1) The Reimagining Deaverview
• Phase I will build 82 new affordable mixed-income units serving families earning between 10% and 80% of Area Median Income (AMI), withhhh incomes averaging below 60% AMI; (2) 51% of the units will serve those with incomes under 50% AMI; (3) These units will replace 82 of the existing 160 units at Deaverview; (4) Residents who want to stay in the Deaverview community can move into new units and not experience any displacement during construction; and (5) The total project cost is estimated at approximately $16.45 Million and the project is seeking funding through a combination of 9% Low Income Housing Tax Credit (LIHTC) funds, NCHFA Loan funds, permanent loan financing, Housing Authority Funds, Buncombe County grant funds in the amount of $935,286 and City grant funds in the amount of $1.2 million. The bedroom mix is 48 one bedroom units; 16 two bedroom units; 14 three bedroom units; and 4 four bedroom units. The AMI mix is 21 units
• 30% AMI and below; 21 units
• 50% AMI and below; and 40 units
• 60% AMI and below. Given the low subsidy per unit to assist our very-low AMI families, a guarantee of affordability in perpetuity, the importance of the future success of the 82 individuals and families, City Staff agrees that a grant to HACA is appropriate. Staff recommends approval of a motion that the Asheville City Council authorize the City Manager to negotiate and enter into a grant agreement with the Housing Authority of the City of Asheville in the amount of $1.2 million according to the terms and conditions herein. Funding is contingent on the award of the 9% tax credits. Executive Director of the Housing Authority David Nash responded to various questions/comments from Council, some being, but are not limited to: are the residents aware that you may not be awarded the funds this year; what type of situation are the current Deaverview resident living in; confirmation that none of the housing developments currently have central air conditioning; and confirmation of installation of a solar installation system for long-term renewability purposes on the rooftops.

Urban Planner Sasha Vrtunski said that this is the consideration of a resolution authorizing the City Manager to negotiate and enter into a grant agreement with the Housing Authority of the City of Asheville (HACA) in the amount of $1.2 million from General Obligation (GO) Affordable Housing Bond funds. Background:

• The Reimagining Deaverview
• Phase I will build 82 new affordable mixed-income housing units serving families earning between 10% and 80% of Area Median Income (AMI).
• The majority of units will serve those below 60% AMI, and when averaged, incomes for the project will be below 60% AMI.
• These units will replace 82 of the existing 160 units at Deaverview, but will allow residents who want to stay in the Deaverview community to move once and not experience any displacement during construction.
• The total project cost is estimated at approximately $16.45 Million, and the project is seeking funding through a combination of 9% Low Income Housing Tax Credit (LIHTC) funds, NCHFA Loan funds, permanent loan financing, Housing Authority Funds, Buncombe County grant funds in the amount of $935,286 and City grant funds in the amount of $1.465 million. The developer fee for this project is within the limits set by NCHFA.
• The Housing Authority originally requested $1.2 Million for the project, but has asked the City to raise that amount to $1.465 Million to cover the gap in funding.
• 42 of the 82 units will continue to have deep subsidies, serving families below 50% of AMI.
• HACA’s current families have an average income of just over $10,000 or 20% of AMI.
• The City’s full funding of $1.2 million will fund eligible project costs including such costs as demolition of the community building, site work, infrastructure and construction at 275 Deaverview Road.
• Though not a requirement of the City funding, requirements for HUD Davis Bacon (appropriate local prevailing wages from the US Department of Labor) & Section 3 (to the greatest extent possible, the developer will provide training, employment, contracting and other economic opportunities to low- and very low-income persons) will be followed in this redevelopment.
• This funding is similar to past City/County/Housing Authority partnerships.
• As a precedent, the City had previously partnered with the Housing Authority and Buncombe County on funding for Maple Crest at Lee Walker Heights.
• The City utilized CIP, Fund Balance, and Affordable Housing Bond to facilitate a grant of funds.
• This recommendation is similar to that situation in that it is a grant, and does not utilize the Housing Trust Fund.
• The Housing Authority is seeking a grant of funds from both the City and the County to support their 9% tax credit application. Request
• HACA has requested that the City’s funds be structured as a grant to HACA, which HACA will invest in the project consistent with Low Income Housing Tax Credit requirements.
• City staff agrees based on the following:
• City funding is contingent on the award of a 9% Low Income Housing Tax Credit (LIHTC) proposal.
• City funding is contingent on Buncombe County also agreeing to provide a grant of $935,286.
• City funding is contingent upon HACA putting in $1.2M from their reserve fund.
• $1.2 million for 82 units at Deaverview is a subsidy of $14,634 per unit (which aligns with the subsidy level typically approved for the City’s HTF loans).
• Per HACA, this project will provide affordability in perpetuity as is consistent with the Housing Authority’s mission.
• The mission of the HACA is to provide safe, quality, and affordable housing, to expand available resources, and to collaborate with the community to create opportunities for resident self-reliance and economic independence.
• HACA often houses our most vulnerable and hardest to house residents, and have been fulfilling this mission since 1940.
• Given the low subsidy per unit to assist our very-low AMI residents and families, a guarantee of perpetual affordability, the importance of this neighborhood redevelopment and the future success of the 82 individuals and families, City Staff agrees that a grant to HACA is appropriate. Committee(s):
• Housing and Community Development Committee (HCD)
• April 27, 2022
• approved 3-0. Pro(s):
• This funding supports 82 new affordable and replacement units that will be permanently affordable, a subsidy of $14,634 per unit, which represents a comparatively high value for the City subsidy given the target incomes being served by this development.
• The development of these units will allow 82 households to move into new units without being displaced during construction (no demolition of existing units until there are new units available).
• Aligns with the purpose of GO Housing Bonds in making progress on Affordable Housing Bond Projects.
• The redevelopment of Deaverview Apartments, when considered in the context of the larger Deaverview area as a whole, will generate affordable mixed-income housing.
• City funds will be used to fill the gap on a Low Income Housing Tax Credit (LIHTC) proposal and without these funds, the project would not be possible.
• This redevelopment aligns with the City of Asheville’s Consolidated Plan goals of prioritizing rental housing affordable to 60% AMI and below.
• While the funding is structured as a grant, draw requests, after the initial disbursement, will only be disbursed when sufficient work has been completed and verified by the City. Con(s):

None Fiscal Impact:

• Approval of this request would reduce the existing balance of approximately $7.4M in available Affordable Housing bond funds to a remaining estimated balance of $6.2 Million. Ms. Vrtunski said that the Housing Authority is requesting $1.2 Million for Reimagining Deaverview Phase I from Affordable Housing Bond funds. Buncombe County has granted $935,826 towards the project. HACA is now requesting $1.465 Million to fill the gap in funding. Staff is recommending $1.2 Million for this project. The City funding is contingent on the award of a 9% Low Income Housing Tax Credit (LIHTC) proposal. The City funding is also contingent on Buncombe County also contributing a grant to HACA. The $1.2 million for 82 units at Deaverview is a subsidy of $14,634 per unit which aligns with subsidy level typically approved for the City’s Housing Trust Fund loans. This funding is similar to past City
• County
• Housing Authority partnerships i.e Maple Crest at Lee Walker Heights. Regarding the background, (1) The Reimagining Deaverview
• Phase I will build 82 new affordable mixed-income units serving families earning between 10% and 80% of Area Median Income (AMI), withhhh incomes averaging below 60% AMI; (2) 51% of the units will serve those with incomes under 50% AMI; (3) These units will replace 82 of the existing 160 units at Deaverview; (4) Residents who want to stay in the Deaverview community can move into new units and not experience any displacement during construction; and (5) The total project cost is estimated at approximately $16.45 Million and the project is seeking funding through a combination of 9% Low Income Housing Tax Credit (LIHTC) funds, NCHFA Loan funds, permanent loan financing, Housing Authority Funds, Buncombe County grant funds in the amount of $935,286 and City grant funds in the amount of $1.2 million. The bedroom mix is 48 one bedroom units; 16 two bedroom units; 14 three bedroom units; and 4 four bedroom units. The AMI mix is 21 units
• 30% AMI and below; 21 units
• 50% AMI and below; and 40 units
• 60% AMI and below. Given the low subsidy per unit to assist our very-low AMI families, a guarantee of affordability in perpetuity, the importance of the future success of the 82 individuals and families, City Staff agrees that a grant to HACA is appropriate. Staff recommends approval of a motion that the Asheville City Council authorize the City Manager to negotiate and enter into a grant agreement with the Housing Authority of the City of Asheville in the amount of $1.2 million according to the terms and conditions herein. Funding is contingent on the award of the 9% tax credits. Executive Director of the Housing Authority David Nash responded to various questions/comments from Council, some being, but are not limited to: are the residents aware that you may not be awarded the funds this year; what type of situation are the current Deaverview resident living in; confirmation that none of the housing developments currently have central air conditioning; and confirmation of installation of a solar installation system for long-term renewability purposes on the rooftops.

Background:

• Project HL-0012 is currently listed in the NCDOT 2020-2029 State Transportation Improvement Program (STIP) at a total estimated construction cost of $1,238,000.
• The scope of work includes pedestrian signals, crosswalks, and a right-turn lane along the eastbound off-ramp.
• The project is currently funded with Federal and State funds totaling $1,400,000.
• Additional funds in the amount of $400,000 are needed to deliver the project as scoped.
• The NCDOT proposes to use the High Impact Low Cost program (State funds) for the additional funds.
• Any project that uses High Impact Low Cost program funds and exceeds a total project cost of $250,000 requires a resolution of support from the appropriate local government entity. Committee(s):
• Multi Modal Transportation Commission
• April 27, 2022
• Approved unanimously Pro(s):
• Provides much needed pedestrian improvements (pedestrian signals and crosswalks) at two busy intersections.
• Provides a right-turn lane along the eastbound off-ramp to minimize traffic backup on the interstate.
• The increase does not affect funding for any other local projects. Con(s):

None Fiscal Impact:

• There is no fiscal impact to the city.

Background:

• The City awarded a three-year contract to S & S Management Group, LLC (dba GuardOne Security) in 2018 as a result of a competitive bid (298-002 2019 PS) for security services at City of Asheville parking facilities; the contract provided for up to three one-year-each renewal periods.
• The last (third) renewal of the subject contract will expire on June 30, 2022.
• As of mid-April 2022, all approved City of Asheville Security Guard positions are vacant; the Contractor has provided additional security services beyond what was originally anticipated (hours/week) to offset the vacancies.
• Parking Services aims to release a competitive bid for security services at City of Asheville parking facilities in late April 2022, with the anticipated start date for an awarded Contractor to be July 1, 2022.
• Parking Services is also currently recruiting for several vacant positions, including Security Guards.
• The requested contract extension and increased contract value will allow the City to maintain appropriate security services in the event that (1) a new contract is awarded and the selected vendor may be unable to begin services on July 1, 2022, and/or (2) that existing Parking Services positions remain vacant for a period of time
• both of these scenarios are possible given current economic conditions.

Vendor Outreach Efforts:

• No new efforts.
• The existing contract with S & S Management Group, LLC (dba GuardOne Security) was issued in 2018 as the result of a competitive advertisement and selection process. Committee(s):
• None Pro(s):
• This action will allow continuity of security services within City of Asheville parking facilities. Con(s):
• Failure to take this action will risk a lack of security services within City of Asheville parking facilities.

Fiscal Impact:

• Funding for this contract amendment is included in the adopted Parking Services Fund Budget.

Background:

• Magnolia playground, originally installed in the late 1990’s, has surpassed the normal longevity of equipment and is currently in need of replacement.
• The park is located at 51 Magnolia Ave in the Five Points area.
• This project replaces the existing equipment, trike track, basketball court, provides new lighting, new site furnishings and creates a new accessible neighborhood entry.
• Construction is estimated to begin in June and last until fall.
• Base bids received on April 14th, 2022
• J. Bartholomew Construction, Hendersonville, $193,550
• Patton Construction Group, Inc. of Asheville, $243,250
• Moore & Son Site Contractors of Mill River, $523,323
• Alternates include replacing asphalt with concrete and colored concrete are all accepted for an additional $6,400, for a total of $199,950 construction costs.
• J Bartholomew was the lowest responsive, responsible bidder

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):
• New equipment and safety surfacing will provide a safer play environment.
• Revamping the park will reduce maintenance of failing elements Con(s):
• The playground will be closed during construction.

Fiscal Impact:

• Funding for this contract is already included in the adopted Capital Improvement Program (CIP).

Background:

• North Carolina General Statute §159-34 requires that local governments have its accounts audited each fiscal year and submit a copy of the audit report and financial statements to the Local Government Commission.
• Staff recommends retaining the services of PBMares, LLP to conduct an audit of the City's accounts for the fiscal year ending June 30, 2022.
• The estimated cost for fiscal year 2021-2022 audit includes a base fee of $103,080, which covers 900 hours of audit work; and a $150 per audit hourly fee for each hour over 900 hours up to a maximum total of 25% of the base fee ($25,770), for a maximum total fee of $128,850.
• The previous years’ fees, which only included base fees, were as follows:
• 2020-2021: $100,640
• 2019-2020: $98,200
• 2018-2019: $95,760
• Execution of this contract complies with the Audit Policy portion of City Council’s Financial Policies which states that the City “shall enter into multi-year agreements of not more than five years in duration through a series of single-year contracts as consistent with applicable legal requirements.”
• This will be the fifth consecutive year of contracting with the same auditors so staff will be conducting a competitive bid process in the upcoming fiscal year prior to the next audit.

Vendor Outreach Efforts:

• No competitive bid process was conducted this year.

Council Goal:

• Financially Resilient City Committee::
• No prior Committee approval.
• Final audit results are presented annually to the Audit Committee.

Pro:

• Contracting with PBMares, LLP aligns with City Council’s financial policy and will help ensure the timely and successful completion of the annual audit. Con(s):

None Fiscal Impact:

• The maximum total fee amount of $128,850 for the annual audit is budgeted in the Internal Audit operating budget.

Background:

• In March 2021, the City of Asheville entered into a contract with Passport Labs, Inc., in the amount of $89,000.00 to provide parking enforcement management services;
• The contract was entered into via a contract for goods and services as issued by the National Cooperative Purchasing Alliance (NCPA);
• Purchases made via the NCPA are exempt from the Asheville Business Inclusion (ABI) Policy;
• The cooperative agreement was competitively advertised and awarded to Passport Labs, Inc.;
• Passport Labs has provided these services to the City continuously to-date, and the recommended contract renewal/amendment will allow the City to utilize several new enforcement tools, including license plate based enforcement of time-limited spaces, and a Web-based parking permit management platform.
• This contract is not related to the contract with Flash Parking for the parking access and revenue control systems (PARCS) within City-operated parking garages.

Vendor Outreach Efforts:

• No new efforts.
• The existing contract with Passport Labs, Inc. was issued in March of 2021 as a result of a competitive nationwide advertisement and selection process. Committee(s):
• None Pro(s):
• This action will allow continuity of parking enforcement services within the City of Asheville. Con(s):
• Failure to take this action means that continuity of existing parking enforcement services cannot be provided.

Fiscal Impact:

• The funding source for this contract amendment is included in the Parking Services Division’s Enterprise Operating Budget; the first year of the renewal is expected to cost $141,000.

Background:

• The City’s Water Maintenance Department identified three (3) John Deere Backhoes as surplus personal property, with no anticipation of future utilization by the City.
• The City’s Stormwater Division identified one (1) 2005 Freightliner Street Sweeper as surplus personal property, with no anticipation of future utilization by the City.
• The 2009 John Deere 410J Backhoe sold for $36,500 on April 18, 2022.
• The 2002 John Deere 410G Backhoe, 2006 John Deere 410G Backhoe, and 2005 Freightliner Street Sweeper are expected to sell for more than $30,000.
• Each of these assets have reached the end of their useful life based on age and maintenance needs.
• Equipment and vehicles that exceed their economic lifespan increase downtime and operational costs, and decrease productivity and resale value.
• While these assets have reached the end of their usable life, there are parts and components that have value and can be salvaged and/or repurposed.
• All bids are solicited through GovDeals online auction.
• Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at $30,000 or more must be approved by the City Council.
• The City’s Purchasing Manager has authority to dispose of personal property valued at less than $30,000 by private negotiation and sale.

Vendor Outreach Efforts:

• Not Applicable Committee(s):
• None Pro(s):
• Prudent asset management
• Space utilization eliminates the need to store large, unused equipment
• Competitive process yielded market price Con(s):

None Fiscal Impact:

• The only fiscal impact will be the revenue collected from the sale
• The Water Resources Fund and the Stormwater Fund will recognize the revenue from the sale of their respective assets.

2,360,000.00 in order to complete the construction of Asheville City Hall Elevator Modernization project. Background:

• On August 25, 2020, City Council authorized the City Manager to enter into a Design-Build contract with Weaver Cooke Construction and to execute any associated cost amendments up to a total of $2,304,831.00.
• The historic elevators are 94 years old Historic City Hall Elevators have been an identified priority project for many years.
• The elevators are manually operated, and are the main transportation for staff and the public in City Hall.
• The elevators had on-going mechanical issues which made them difficult and expensive to maintain.
• The elevators did not meet current safety standards.
• Historic qualities will be preserved in the execution of the improvements.
• Per City Council Resolution No. 17-09, City Hall is noted as a Landmark historic structure, with specific references to the elevators.
• The Historic Resource Commission has issued a Certificate of Appropriateness for this as a Major Work project.
• The Design-Build delivery method was approved by the City Manager in January 2020 per the requirements of NC G.S. 143-128.1A and City Council Resolution No. 16-45.
• The project began in the summer of 2021 and is 70% complete.
• Elevator #1 is expected to return to service by late May 2022, fully restored & modernized.
• Work has proven more complex than anticipated due to the age of the building, and equipment, and further complicated by recent supply chain and related logistical issues.
• The additional funding is required to cover costs for additional unforeseen expenses, and for additional historic preservation items.
• This amendment increases the City Manager’s authority to a revised total of $2,360,000.00.

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.
• The Design-Build delivery method allows the City to accept bids from subcontractors other than the lowest bid.
• MWBE participation is anticipated to be $119,221.00, or 5.04% which exceeds the City’s goal of 4.6% for construction. Committee(s):
• None Pro(s):
• The amendment allows for the completion of the project. Con(s):
• None

Fiscal Impact:

• Funding for this contract and any cost amendments up to a total of $2,360,000.00 is already included in the project budget.

Urban Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 21 & 99999 Governor’s View Road from River District to Residential Expansion/Conditional Zone. This public hearing was advertised on April 26 and May 6, 2022. 25.6 units/acre.

• The project proposes access via two new vehicular driveways from Governors View Rd.
• A total of 73 parking spaces are proposed, which is more than the minimum required number of 70 total spaces (1 per unit).
• The RES EXP district requires new 10 foot-wide sidewalks be constructed.
• The project proposes 5’-wide sidewalks with a 10’-wide planting strip along Governors View and Swannanoa River Roads. Internal sidewalks throughout the site will be 5’-wide, with the exception of the sidewalk in front of the building’s main entrance and the connection to Governors View Rd, which will be 10’-wide.
• The existing bus stop along the property’s frontage on Swannanoa River Rd will be relocated less than 200’ to the west.
• A new shelter and wheelchair landing pad will also be constructed.
• A walkway from the building will be constructed and connect to the sidewalk and bus stop.
• Front yard, rear yard, and side yard setbacks of 15 feet are proposed as is required in the RES EXP district.
• Landscape requirements apply, including street tree, parking lot, building impact, property line, and retaining wall screening.
• The required street trees along Swannanoa River Road will be located to the east of the building, due to the presence of the existing 30’-wide MSD sewer easement along the frontage of Swannanoa River Road.
• This easement prevents placement of street trees between the road frontage and the retaining wall.
• The project is classified as “multi-family urban” under the Tree Canopy Preservation standards and has a classification of “Class B”.
• The Project is requesting a technical modification from the required 15% new tree canopy to 4% new tree canopy.
• The proposed 4% new tree canopy is the maximum amount of planting possible on the site due to other landscaping requirements and the presence of underground utilities and utility easements.
• Open space shall be required at a rate of 500 s.f. per unit (35,000 s.f. total) with at least one 7,000 s.f. area that provides a park or plaza-type features.
• Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The proposed project would result in a total impervious area of 50.5%
• The project is seeking technical modifications to development standards through the conditional zoning process including:
• 5’-wide sidewalks instead of the required 10’-wide standard.
• 10’ sidewalks are provided for an accessible route from the building frontage to Governors View Rd.
• A reduction in Tree Canopy Preservation area from 15% to 4%.
• No bike lanes into the development.
• Relocation of required street trees along Swannanoa River Road to the east of the building, due to the presence of the existing MSD sewer easement along the frontage of Swannanoa River Road.

Comprehensive Plan Consistency:

• The proposed development supports a number of goals in the Living Asheville Comprehensive Plan including encouraging responsible growth by prioritizing greater densities of development overall, throughout the city as appropriate, by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks, and by eliminating gaps in the city-wide sidewalk network and especially where sidewalks tie in to greenways..
• The proposed development is compatible with the Future Land Use designation of “Urban Corridor” which is described, in part, as “Over time urban corridors could see infill redevelopment in the form of mixed-use residential, commercial and office uses that place emphasis on pedestrian-friendly amenities and infrastructure”.

Compatibility Analysis:

• The proposed multi-family residential project is compatible with the surrounding land uses, including:
• Suburban commercial uses and light industrial uses to the east and west of the site, as well as to the south across the Swannanoa River;
• The single-family residential to the north of the site, which will be buffered by the proposed street trees and parking lot; and,
• The existing and proposed segments of the Swannanoa Greenway, which will be connected to the project with existing and proposed sidewalks. Committee(s):
• Technical Review Committee (TRC)
• March 7, 2022
• approved with conditions.
• Design Review Committee (DRC)
• April 21, 2022
• approved unanimously (Vote: 7-0) with the following conditions: 1) That the building design articulate the heights of the proposed materials; 2) That the building design articulate the heights of the roof elements; and, 3) That the building design break up the massing of the east elevation.
• Planning & Zoning Commission (PZC)
• May 4, 2022
• approved (Vote: 5-1) with the following conditions: 1) That the applicant work with NCDOT and the City’s Transportation Department to seek if improvements can be made to the visibility of existing crosswalks and the timing of the pedestrian crossing phase at the intersection of Swannanoa River Rd and Bleachery Blvd; 2) That the applicant work with the Design Review Committee through informal review(s) to further improve the design of the building; and, 3) That the required Tree Canopy Preservation be reduced from 15% to 4% and waiving the fee in lieu.

Staff Recommendation:

• Staff recommends approval of this rezoning request based on the reasons stated above. Urban Planner Will Palmquist reviewed the site plan: new 4-story multi-family building; 70 affordable senior-living units; two new driveways on Governor’s View Road; 73 parking spaces total; sidewalks being 5’-wide with 10’-wide planting strip on franges
• 5’ to 10’-wide internal; improved bus stop to shelter on Swannanoa River Road; landscaping and open space standards; and tree canopy preservation technical modification (15% to 4%). He reviewed the building elevations, along with the building perspective. He explained how the project complies with the Living Asheville Comprehensive Plan, along with the three committee review processes and their approvals with recommendations. He highlighted the technical modifications (1) 5’-wide sidewalks instead of the required 10’ standard
• 10’ sidewalks are provided for an accessible route from the building frontage to Governor’s View Road; (2) a reduction in Tree Canopy Preservation area from 15% to 4%; (3) no bike lanes in the development; and (4) relocation of required street trees along Swannanoa River Road to the east of the building. Other project conditions include (1) all 70 units (100%) will be designated affordable for a minimum of 30 years to those earning an average of 60% Area Median Income, and will accept Housing Choice vouchers; (2) that the applicant work with the N.C. Dept. of Transportation and the City’s Transportation Department to seek if improvements can be made to the visibility of existing crosswalks and the timing of the pedestrian crossing phase at the intersection of Swannanoa River Road and Bleachery Boulevard; and (3) that the applicant work with the Design Review Committee through informal review(s) to further improve the design of the building. Staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Discussion was held, with several questions/comments being responded to by Mr. Palmquist. Some questions/comments being, but are not limited to: is there a difference between requiring street trees, parking lot trees and the Tree Canopy Preservation; reason for the Tree Canopy Preservation reduction request from 15% to 4% and waiving the fee in lieu; is the 5’ wide sidewalks Americans with Disabilities Act compliant; suggestion that if developers meet certain criteria (less than established criteria now) that only a review on a staff level be required; no bike lanes planned now, but we need to think about the future; and was there any conversation about only waiving half of the fee in lieu. Councilwoman Roney supported a commercial and residential community benefits table (similar to the hotel benefits table) that would help us reach for a renewable energy plan for these units, along with other benefits, so that developers know what to expect and not have to come through this process. Councilwoman Turner suggested a community benefits table for conditional zoning. Mayor Manheimer outlined the challenge of more trees on the site. Councilwoman Roney would support this conditional zoning because we deeply need affordable housing, but she suggested we have a plan for renewable energy sources in developments. Mayor Manheimer opened the public hearing at 6:44 p.m., and when no one spoke, she closed the public hearing at 6:44 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Urban Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zoning 275 Deaverview Road from RM-16 Residential Multi-Family High Density District to Residential Expansion District/Conditional Zone. This public hearing was advertised on April 15 and 22, 2022. On April 26, 2022, this public hearing was continued to this date. Project Location and Contacts:

• The project site totals 20.69 acres located along Deaverview Rd (PIN 9628-46-1397).
• Owner: Asheville Housing Authority Summary of

Petition:

• The property is currently zoned Residential Multi-family High Density (RM-16) and is designated “Residential Neighborhood” on the city’s Future Land Use (FLU) Map. A change in the FLU designation will not be required.
• New building construction includes two 3-story buildings with 12 units each (identified as Buildings 1 and 2 on the site plans), and one 4-story building with 58 units and common amenity space (identified as Building 3 on the site plans) for a total of 82 dwelling units.
• Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion (RES EXP) district is required.
• All 82 units (100%) will be designated affordable in perpetuity.
• All 82 units (100%) will be designated affordable to those earning an average of 60% Area Median Income (AMI). The owner may choose to do income averaging which often ranges from 30% AMI to 80% AMI, but averaging 60% AMI or less. All units will also accept housing code vouchers.
• Building 1 consists of six 2-bedroom units and six 3-bedroom units. Building 2 consists of eight 3-bedroom units and four 4-bedroom units. And Building 3 consists of 48 1-bedroom units and 10 2-bedroom units.
• The existing Deaverview Apartments Community Center and playground in the southeast corner of the site will be demolished to accommodate Building 3 and the parking lot to the north.
• The existing driveway off of N. Bear Creek Rd will be shifted slightly north in order to serve the new and existing parking areas.
• Maximum building height for multifamily buildings in the RES EXP district is 60’. The total building height of Buildings 1 and 2 in the southwest of the site is 32’ and the total building height of Building 3 in the southeast of the site is 42’-8”.
• Maximum density in the RES EXP district is 50 units/acre for this project, since at least 20% of the dwelling units are affordable at 80% AMI. The proposed 82 dwelling units will replace approximately half of the existing 160 units totals at Deaverview Apartments, resulting in a final unit density of 7.7 units/acre.
• A total of 98 parking spaces are proposed, with 13 being handicap spaces. Based on the number of bedrooms and dwelling units, the minimum/maximum number of required parking spaces is 100/182.
• The RES EXP district requires new 10 foot-wide sidewalks be constructed. The applicant is requesting a technical modification to install five foot-wide sidewalks with an eight foot-wide planting strip. The two segments in front of Buildings 1 & 2 and in front of Building 3 won’t connect until construction of the eventual second phase.
• Front yard, rear yard, and side yard setbacks of 15 feet are proposed as is required in the RES EXP district.
• Landscape requirements apply, including street tree, parking lot, building impact, property line buffer (Type A), and retaining wall screening.
• The project is classified as “suburban” under the Tree Canopy Preservation standards and has a classification of “Class C”. The existing canopy coverage (2018) is 38%.
• Open space shall be required at a rate of 15% of the total parcel.
• Maximum impervious surface in the RES EXP district for multifamily uses is 80%. The proposed project would result in a total impervious area of 30.6%.
• The project is seeking technical modifications to development standards through the conditional zoning process including:
• Sidewalks less than 10 feet in width;
• 98 (including handicap) parking spaces instead of the 100 minimum required.

Comprehensive Plan Consistency:

• The proposed development supports a number of goals including encouraging responsible growth by prioritizing greater densities of development overall, throughout the city as appropriate, by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks, and by promoting the development and availability of affordable and workforce housing by redeveloping the public housing stock.
• The proposed development is compatible with the Future Land Use designation of “Residential Neighborhood” which is proposed, in part, that “residential neighborhoods can benefit from having more housing diversity such as accessory apartments, duplexes and other types of smallscale infill housing”.

Compatibility Analysis:

• The small-to-medium density residential project is compatible with the:
• Small-to-medium scale multifamily buildings located at the remainder of the Deaverview Apartments;
• Medium-scale multi-family buildings, known as Westmore Apartments, found at the northern end of Westmore Dr;
• Single-family houses located to the south and west of the project site; and,
• Light-industrial and commercial uses, including warehousing and self-storage, located to the east of the project site. Committee(s):
• Technical Review Committee (TRC)
• March 21, 2022
• approved with conditions.
• Planning & Zoning Commission (PZC)
• April 6, 2022
• approved, 4:0.
• City Council
• April 26, 2022
• Public Hearing Continued until May 10, 2022

Staff Recommendation:

• Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist explained the site plan of 3 buildings; 82 units; demolition of community center and playground; new driveway on Deaverview Road; shifted driveway on North Bear Creek Road; 98 parking spaces total; sidewalks 5’ wide with 8’ planting strip; and open space and tree preservation standards. The site plan for Buildings 1 and 2 will be: 3-story each; 12 units each; maximum height of 32’. Building 1 will be six 2-bedroom units and six 3-bedroom units. Building 2 will be eight 3-bedroom units and four 4-bedroom units. Building 3 will be 4-stories; 58 units; maximum height of 43’-8”; 2,000 square feet community amenity space; 48 one-bedroom units and 10 2-bedroom units. He then reviewed the building perspective. He explained compliance with the Living Asheville Comprehensive Plan goals and the two different committee review processes. Highlighted technical modifications include (1) sidewalks less than 10 feet width; and (2) 98 (including handicap) parking spaces instead of the 100 maximum required. Other conditions include (1) all 82 units (100%) will be designated affordable in perpetuity to those earning an average of 60% Area Median Income, and will accept Housing Authority Housing Choice vouchers; and (2) 2,000 square feet of community amenity space will be provided in Building 3 in the southeast of the site. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. In response to Councilwoman Roney, Mr. Palmquist explained the Housing Authority’s transition plan for current residents. Councilwoman Roney mentioned her ongoing desire to see more renewable energy sources in developments. Mayor Manheimer opened the public hearing at 6:52 p.m., and when no one spoke, she closed it at 6:52 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

ARPA Project Manager Kim Marmon-Saxe said that this is the consideration of approving a resolution authorizing the City Manager to execute agreements for the fulfillment of the American Rescue Plan Act funding recommendations; and a budget amendment in the City’s Special Revenue Fund in the amount of $11,723,257 from ARPA Funding to set up budgets for the awards. Background:

• As part of the American Rescue Plan Act that was signed into law in March 2021, the City of Asheville was allocated $26.2 million designated as Coronavirus State and Local Fiscal Recovery Funds.
• The U.S. Treasury Department is managing the distribution and oversight of these funds, and it is the City’s responsibility to make sure we adhere to their guidelines.
• The City outlined guiding principles informed by previous community engagement efforts to identify funding categories to maximize the community impact of these grant funds.
• City staff led a robust evaluation and scoring process based on city council approved categories and criteria, and Treasury designated allowable expenses.
• The Request for Proposal (RFP) process, community questions and comments, staff evaluation process and feedback from the City Council led to the recommendations for funding. Committee(s):
• Full City Council work session 4/25/22 Pro(s):
• The ARPA local government funding is a unique opportunity to make significant investments in addressing disparate impacts of the COVID-19 pandemic and to build future resilience of our communities in an equitable way.
• At every stage of this process the City of Asheville has focused on ensuring successful outcomes, from initial selection of categories to development of the RFP to the evaluation process and discussion that led to this resolution.
• Maintaining a focus on successful outcomes continues into the implementation phase. The influx of funds will undoubtedly benefit the community and aid in the recovery from the budgetary, economic, and financial impacts of the pandemic.
• Allows the City to focus on partnerships in the community, along with capacity building, support and networking to build towards a collaborative future. Con(s):

None Fiscal Impact:

• No City General Fund funding or other City-sourced funding is included in this budget amendment.
• As noted in the tables below, the City has previously budgeted $8,386,212 in ARPA funding.
• After approval of this budget amendment in the amount of $11,723,257, the City will have budgeted $20,109,469 in ARPA funding; unbudgeted ARPA funding will total $6,184,384. Proposal Title Organization Name Recommended Funding COA Inclusive and Accessible Government City of Asheville CAPE $514,120 Community Engagement for Equitable Response Young Men’s Institute Cultural Center (YMICC) $800,000 Southside Kitchen We Give A Share, Inc $90,000 Homeless Services Program Eliada Homes, Inc. $473,050 Litter & Cleanliness Program City of Asheville $500,000 HELP2Day Eagle Market Streets Development Corporation $143,128 Mobile Meals Expansion Food Connection Inc $221,676 Domestic Violence Intervention Program SPARC Foundation $153,483 Increasing Access to Affordable Housing Thrive Asheville $135,000 Modernization & upgrade Downtown restrooms City of Asheville $650,000 Emergency Shelter for Domestic Violence Survivors Helpmate $2,000,000 Mountain Community Capital Fund Expansion Mountain BizCapital, Inc. dba Mountain BizWorks $1,293,000 Continuum of Victims' Services The Mediation Center $900,000 Permanent Supportive Housing Expansion Project Homeward Bound of Western North Carolina $999,900 Equity & Resiliency Thru Affordable Homeownership Asheville Area Habitat for Humanity $600,000 Clean-Energy Upgrades for Low-Income Housing Green Built Alliance $250,000 Transformation Village Housing for Women & Children ABCCM $999,900 Housing & Income Stability Pisgah Legal Services $1,000,000 18 Total $ of initial recommended funding $11,723,257 Ms. Marmon-Saxe said the key takeaways are (1) the requested funding far exceeded the amount allocated to the City; (2) federal guidelines have been updated and are continuing to be interpreted; (3) robust evaluation and scoring process based on council approved categories and criteria; and (4) staff evaluation process and feedback from city council led to the recommendations. She then reviewed the timeline from January 6, 2022 to May 10, 2022. She said following up-to-date guidance from the Treasury, State, legal, management and staff, the proposed resolution is to fund $11,723,257 as eligible and allowable use of ARPA funds following the City’s guiding principles. The recommendation for $6 Million for revenue replacement funds (hold funds) for upcoming potential projects that have been previously discussed. The remaining funds for future awards from this Request for Proposals/other ARPA uses is $184,384. She said the next steps will be: (1) The City of Asheville is a sub-recipient of the ARPA monies and the successful RFP applicants in this resolution will become partners with COA to help achieve successful outcomes; (2) Subrecipient/partner contracts issue schedule created. Project structure and relationships set up and kick off meeting scheduled; (3) The sub recipients/partners information and progress will be monitored and added to the City of Asheville's quarterly reporting to the Treasury; and (4) The exacting reporting standards must be adhered to and provides an opportunity for collaboration, capacity building and learning together. In response to Councilwoman Turner, City Attorney Branham said that even though there may be additional revisions to the rules, the Treasury has allowed grants made under prior rules to stand. Ms. Marmon-Saxe responded to Councilwoman Roney when we asked how we are layering in our non-discrimination ordinance into our contracting for equity and inclusion. Ms. Marmon-Saxe also explained how staff will work with applicants to make sure that they are meeting their obligations. Councilwoman Roney acknowledged the many proposals not being funded for various reasons, and for transparency and accountability, she asked that staff post all the documents used to help Council make their decisions, noting that everyone understands that as new regulations were received, changes needed to be made. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and ordinance and they would not be read.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Affordable Housing Advisory Commission. Zakiya Bell-Rogers resigned as a member of the Affordable Housing Advisory Commission, thus leaving an unexpired term until September 1, 2023. The following individuals applied for the vacancy: Andrew Garrard, Emily Axtman, Jessica Phelan, Doug Brown, Evan Quirk-Garvan and Nnweyne Smith. The Chair of the Affordable Housing Advisory Commission recommended Nweyna Smith; however, after discussion, the Boards & Commissions Committee recommended Emily Axtman.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Board of Electrical Examiners. Rick Sluder (journeyman) has moved from the journeyman seat to the electrical contractor seat, thus, leaving an unexpired term until July 1, 2024, for the journeyman seat. The following individuals applied for the vacancy: Jonathan Dale Knox, Jeffrey Branks (not eligible for journeyman seat) and Garrett Twiss. The staff liaison for the Board of Electrical Examiners, and the Boards & Commissions Committee, recommended appointing Garrett Twiss.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Civic Center Commission. Nicole Lee resigned as a member of the Civic Center Commission, thus leaving an unexpired term until June 30, 2023. The following individuals applied for the vacancy: Kim Oliver, Kevin King, Chad Evans, Todd Cash and Todd Dunnuck. The Chair and staff of the Civic Center Commission recommend Chad Evans, Todd Cash or Todd Dunnuck. The Boards & Commissions Committee recommended the appointment of Chad Evans.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Human Relations Commission. Ivan Melchor and Alex Nava have resigned as a member of the Human Relations Commission, thus leaving two unexpired terms until June 1, 2022. In addition, Michael Brown has resigned, thus leaving an unexpired term until June 1, 2023. Alfred Green was removed from the Commission due to lack of attendance, thus leaving an unexpired term until June 1, 2022. Also, Emma Worthy was removed from the Commission due to lack of attendance, thus leaving an unexpired term until June 1, 2023. The following individuals applied for the vacancy: Edie Weichert, Ashley Wilberding, Bethany Duke and Nnweyna Smith. The Chair of the Human Relations Commission recommended appointing Edie Weichert, Ashley Wilderding, Bethany Duke and Nnweyna Smith. The staff liaison recommended appointing Ashley Wilberding, Bethany Duke and Nnweyna Smith. After discussion, the Boards & Commissions Committee recommended appointing Nnweyna Smith, Ashley Wilberding, and re-advertising for the other three seats.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Neighborhood Advisory Committee. Juan Pablo Chalarca (28801 representative) has resigned as a member of the Neighborhood Advisory Committee, thus leaving an unexpired term until July 1, 2024. The following individuals applied for the vacancy: Tracy Fagan Brown, Michael L. Fulbright, Dane Barrager, Jaik Smith and Karl Knight. The Boards & Commissions Committee recommended appointing Karl Knight.