City Council regular meeting — December 13, 2022

Background:

• The City of Asheville receives an annual opportunity to apply for a U.S. Department of Justice (DOJ), Bulletproof Vest Partnership (BVP) Grant.
• The DOJ has preliminarily determined that the Asheville Police Department (APD) is eligible to receive a 2022 award of $10,163.61 which requires a dollar for dollar match by the City.
• Bulletproof vests expire after 5 years, and during the life of this grant 50 current officer’s vests will expire and require replacement.
• The funding will allow the purchase of 26 bulletproof vests over the two year life of the grant. Committee(s):
• Public Safety Committee
• November 17, 2022
• 2-1 approval to move forward to City Council Pro(s):
• Increases officer safety by providing crucial safety equipment.
• Reduction in cost to the City of Asheville for the purchase of bulletproof vests Con(s):

None Fiscal Impact:

• Funding for the required $10,163.61 local match has been identified within the current fiscal year General Fund operating budget.
• This grant offsets the cost of equipment replacement that would otherwise be borne in full by the City.

Background:

• The City of Asheville receives an annual opportunity to apply for a Department of Justice (DOJ), Edward Byrne Justice Assistance Grant.
• The DOJ has preliminarily determined that the Asheville Police Department (APD) is eligible to receive a 2022 award of $80,145 which is allocated to the APD and the Buncombe County Sheriff’s Office in the amounts of $61,926 and $18,219 respectively.
• The APD will use the funds to help pay for a DNA Analyzer machine.
• The Buncombe County Sheriff’s Office CID (Crime Investigations Division), and CNT (Crisis Negotiation Team) will use grant funds to purchase access (license) for Magnet Axiom $3,840, and to update vital technology programs and related equipment for CID ($6,840) and CNT ($7,545) law enforcement.
• The grant does not require local matching funds. Committee(s):
• Public Safety Committee
• November 17, 2022
• 2-1 approved to move forward to City Council Pro(s):
• Ensures the ability to better protect the safety of the residents of Asheville and Buncombe County. Con(s):

None Fiscal Impact:

• Matching funds are not required for this grant.

Background:

• In August of 2018, 21CP Solutions, LLC was engaged by Asheville City Council to review the arrest, the tactics, policies, and procedures involved in an excessive force incident.
• Recommendation 8.4 of the Policy and Procedure Review report issued by the company stated, “The City should consider retaining a firm to provide crisis response services to the APD and the City of Asheville in the future. Relying on skilled crisis management experts can reduce the scope and impact of a critical incident, by taking an active role in developing a cohesive, coordinated response across involved parties. These strategic responses can involve asserting control over media exposure, reducing liability, and preserving public safety in the immediate aftermath.”
• The Asheville Police Department (APD) is requesting approval from Council to enter into a new contract with Cole Pro Media, LLC, the company identified for award as the result of an Request for Proposals process.
• Cole Pro Media will provide services to APD, which include counseling, advising, and guiding the Police Department in matters of transparency engagement issues, crisis communications, social media messaging, critical incidents or any other counsel requested by the Police Department and City Management.
• The total annual cost for this contract is $54,000.
• Two optional renewals will be included in the contract documents, bringing the intended three year contract total to $162,000.
• APD already includes this expense in the annual budget process so no additional funding is required. Committee(s):
• Public Safety Committee
• November 17, 2022
• 2-1 approval to move forward to City Council Pro(s):
• Fulfills recommendation 8.4 of the Policy and Procedure Review report issued in August of 2018 by 21CP Solutions, LLC as engaged by Asheville City Council to review the arrest, the tactics, policies, and procedures involved in an excessive force incident.
• Community transparency through counseling, advising, and guidance of the Asheville Police Department by a third party, established, professional agency. Con(s):
• Continued annual cost of contracting with a Transparency Engagement Advising Service.

Fiscal Impact:

• Funding for this contract is available in the Asheville Police Department operating budget.

with LexisNexis ACCURINT Virtual Crime Center crime analysis platform, now valued at $111,426.95. Background:

• The Asheville Police Department (APD) entered into a contractual agreement with LexisNexis for a local and nationwide crime analysis platform, ACCURINT Virtual Crime Center (AVCC), for the first time on November 21, 2016.
• APD continued its partnership with LexisNexis, executing the current contract on January 1, 2021.
• The City of Asheville's Police Department and its citizens both have access to utilize this platform.
• Access is provided through the web-based Community Crime Mapper that disseminates crime data in a geospatial map and on a link analysis chart.
• The Crime Mapper allows its customers to access real-time nationwide public records databases.
• The total annual cost to APD on January 1, 2021 was $36,050.00 with a 3% annual increase. The contract was renewed January 1, 2022 for $37,131.50, bringing the total contract value to $73,181.50.
• APD is requesting approval to enter into the third and final renewal of the active contract.
• The renewal amount is $38,245.45 and will bring the contract total for all three years to $111,426.95, thus requiring Council approval to proceed.
• APD already includes this expense in the annual budget process so no additional funding is required. Committee(s):
• Public Safety Committee
• November 17, 2022 Pro(s):
• Use of a nationwide crime analysis platform, now more robust, extensively used internally by APD and its crime analysts since 2016, as well as, made available to the citizens of Asheville. Con(s):

None Fiscal Impact:

• Funding for this contract is available in the Asheville Police Department operating budget.

Background:

• The City owns and operates six New Way automated side loading garbage trucks to provide trash collection by the Sanitation Division.
• New Way parts are only available through authorized dealers, and Amick Equipment Co., Inc. is the only authorized dealer for sales, service, parts, and all related items for New Way products in North Carolina.
• Use of OEM (original equipment manufacturer) parts is recommended to maintain the equipment up to the manufacturer’s standards. Committee(s):
• None Pro(s):
• This resolution will allow the Fleet Division to efficiently purchase the needed parts required to repair and maintain the City’s six New Way trucks. Con(s):

None Fiscal Impact:

• Staff estimate that $80,000 will be spent in the current fiscal year.
• Funding for these purchases is available in the Public Works Department operating budget.

Background:

• Each year, the City must apply to the FBRMPO to receive FTA Section 5307 Job Access Reverse Commute (JARC) and FTA Section 5310 (Enhanced Mobility of Seniors and Individuals with Disabilities) funds for transit operations, grant management and administration, and reporting.
• On November 2, 2022, FBRMPO issued a Call for Projects for the Federal Transit Administration FY 2022 Section 5307 (JARC) and Section 5310 funds soliciting proposals.
• The deadline for the grant application is December 15, 2022.
• The City utilizes Section 5307 (JARC) funding to support Route 170, the fixed-route service operated between downtown Asheville and the Town of Black Mountain.
• The total FY22 Section 5307 (JARC) funds available for distribution is $408,394.
• The City is applying for $254,720 in federal funding.
• The match requirement for this grant is 50%.
• In the coming fiscal year, the Town of Black Mountain has agreed to provide $25,000 toward the required matching funds, and Buncombe County is expected to provide approximately $86,000 in matching funds as well.
• The City will provide the remaining match ($143,720).
• The City utilizes Section 5310 funds to support operation of the City’s paratransit service.
• The total FY2022 Section 5310 funding available is $511,257.
• Of this funding,10% or $51,125, is automatically allocated to the City of Asheville for administration of the grant.
• The remaining $460,132 will be awarded for regular 5310 projects and programs.
• The City is applying for $210,000 in FY22 Section 5310 funding.
• The match requirement for this grant is 20% ($52,500). Committee(s):
• None. Pro(s):
• Enables the City to use federal funds to help offset the annual operating cost of paratransit and Route 170 fixed-route services.
• Grant recipients and subrecipients are responsible for their local match.
• The City will receive $51,125 for oversight and administrative cost which does not require a local match.
• These funds will be used for the administrative cost for the Section 5310 program. Con(s):
• The City is responsible for the 20% and 50% local match for the Section 5310 and JARC Funding programs respectively.
• There is no administrative fee paid to the City for administering the 5307/JARC grant program.

Fiscal Impact:

• If awarded the grant funding ($515,845), matching funds (including $196,220 of City funding), and associated expenses will be included in the Proposed FY24 Budget (Transit Services Fund).

Background:

• The City currently contracts with a software company called Swiftly to provide various transit-related data and information services that are integral to Asheville Rides Transit (ART) daily operations.
• These services include:
• GPS-enabled real-time data showing the location of each bus on a route and when the bus is expected to arrive at a stop.
• This data is pushed out by apps such as Google Maps, Moovit, and Transit App.
• Trip planning capabilities
• riders can enter where they want to go and the software will recommend routes and times.
• Monitoring and reporting of on-time-performance for the overall system and for each route.
• Bus operators and dispatchers use Swiftly for navigation and driver training.
• The City’s current contract was entered into after a Request for Proposals during September 2018.
• The City’s current contract with Swiftly expires at the end of December 2022.
• To ensure continued operations and real-time transit information for the public, staff is recommending using a cooperative purchasing agreement developed by the National Association of State Purchasing Officials (NASPO) that is specific to cloud-based softwares and includes transit-related software such as Swiftly (provided by Carahsoft Cloud Solutions).

Vendor Outreach Efforts:

• None since a cooperative purchasing agreement is being used. Committee(s):
• None Pro(s):
• This action will allow continued and uninterrupted use of critical software that provides information to both the public and staff regarding transit service. Con(s):
• Failure to take this action will result in the existing contract with Swiftly ending and therefore a stoppage in receiving data and information regarding bus locations, system performance, and certain ART training activities.
• Failure to take this action will also require staff to pursue procurement of an alternative software to provide transit data, resulting in additional cost and impacts to riders.

Fiscal Impact:

• The contract will be a three-year contract with potential for additional one-year renewals under the cooperative purchasing agreement. The three-year contract cost totals $237,276 and is broken down as follows for each year:
• Year 1 (January 1, 2023
• December 31, 2023) = $74,714
• Year 2 (January 1, 2024
• December 31, 2024) = $79,298
• Year 3 (January 1, 2025
• December 31, 2025) = $83,262
• Funding for the first year of this contract is available in the Transit Services operating budget. Future years will be planned for during the annual budget development process.

Background:

• The Irby Brinson sports complex at Valley Springs Middle School is owned by the Buncombe County Board of Education.
• Previously the City entered into an agreement with the Buncombe County Board of Education to construct the Irby Brinson Sports Complex.
• Since the construction the property and existing site improvements have been used exclusively for recreational purposes by the school and the City Parks & Recreation Department.
• The park is needed for youth athletic programming activities serving South Asheville.
• This agreement is beneficial to the Parks and Recreation Department because it allows the department to continue to support youth recreation sports, specifically baseball, softball, t-ball, and youth football.
• The previous agreement expired in June 2022, and the City approached Buncombe County Board of Education expressing interest in renewing the agreement for 1 (one) year with the option for 2 (two) years extension.
• Buncombe County Board of Education is agreeable to the extension.
• Existing terms of the agreement will continue, such as the City’s commitment to maintain the facilities, make any necessary repairs, and cover utility costs.
• The City shall maintain adequate property & casualty insurances for any use of the facility. Council Goal(s)
• A Well Planned and Livable Community
• A Clean and Healthy Environment Pro(s):
• Establishes the expectations for the responsibility of the City as they relate to the use & maintenance of the sports complex at Valley Springs Middle School. .
• Supports City Council’s FY 2022-23 Neighborhood Resilience and Improve and Expand Core Services priorities through partnership with the Buncombe County Board of Education Con(s):
• The agreement commits the City to costs to maintain the facility during its programmed use.
• Places liability on the City during its programmed use.

Fiscal Impact:

• Any maintenance of this facility will be funded from within the existing Parks & Recreation operating budget.

Background:

• The roof at North Fork Filter Building has experienced degradation to water resistant coatings in masonry.
• Facade and shingle sections of building were originally constructed in 1978
• Aging clay tiles on the roof require removal and replacement with new shingles.
• Deteriorating wooden decking under the roof requires removal and replacement to maintain structural integrity.

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.
• The project was competitively bid as an informal bid.
• A pre-bid meeting was held on site at the North Fork Plant on October 13, 2022.
• Two bids were submitted on November 2, 2022 for the project from J Bartholomew Construction ($195,000), and from WNC Roofing LLC ($108,500)
• WNC Roofing LLC is a woman-owned business.
• Following a review of the bids by City staff and the project engineers, WNC Roofing was selected as the lowest responsible, responsive bidder. Committee(s):
• None Pro(s):
• Ensures continued structural integrity of City Water System buildings.
• Ensures continuous operation of North Fork Water Facility.
• Ensures protection of Water Resources infrastructure from exposure to elements. Con(s):
• Building houses multi-million dollar equipment that requires protection from rain.
• Building is a critical component of the treatment of the City water supply.

Fiscal Impact:

• Funding for this contract was previously budgeted and is available in the Water Resources Capital Projects Fund.

Assistant Transportation Director Jessica Morriss said that this is the consideration of a resolution to permanently close an unopened right-of-way on Clayton Avenue adjacent to 77 Hansel Avenue. This public hearing was advertised on November 18 and 25 and December 2 and 9, 2022. Background:

• City Council passed a resolution November 15, 2022 to set a public hearing for the proposed closure on December 13, 2022.
• 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.
• Buncombe County Rescue Squad is the applicant.
• The applicant wishes to permanently close a portion of an unopened right-of-way on Clayton Avenue adjacent to 77 Hansel Avenue to rectify an error on the original plat (PB 2, PG. 78) that locates Clayton Avenue south of its true location.
• There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right of way.
• Signs were placed at two locations along the right-of-way announcing the public hearing and potential closure. Committee(s):
• Technical Review Committee
• October 3, 2022
• Recommended approval
• Multimodal Transportation Commission
• October 26, 2022
• Recommended approval Pro(s):
• There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way.
• The subject action corrects a platting error. Con(s):
• None.

Fiscal Impact:

• This action requires no City resources and has no fiscal impact. Ms. Morriss said that the Buncombe County Rescue Squad has petitioned for this closure and they own the property at 77 Hansel Avenue. This closure request is to rectify an error on the original plat that locates Clayton Avenue south of its true location. The length of the proposed closure is approximately 270 feet and the width is 40 feet. There are no utility conflicts or future transportation issues of this right-of-way. She said the Technical Review Committee and the Multimodal Transportation Commission reviewed this request and both approved the closure. Mayor Manheimer opened the public hearing at 6:53 p.m., and when no one spoke, she closed the public hearing at 6:53 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.

Finance Director Tony McDowell said that this is the consideration of holding a public hearing to receive public comment on the issuance of 2023 General Obligation Refunding Bonds; adoption of the Bond Order that authorizes the issuance of 2023 General Obligation (GO) Refunding Bonds in an amount not to exceed $26,000,000 ; and adoption of Bond Resolution providing for the issuance of 2023 General Obligation (GO) Refunding Bonds. The bond order titled, “BOND ORDER AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $26,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE CITY OF ASHEVILLE, NORTH CAROLINA” was introduced at the regular meeting of the City Council on November 15, 2022, and was published on December 2, 2022, with notice that the City Council would hold a public hearing thereon on December 13, 2022, at 5:00 p.m. or as soon thereafter as practicable. Background:

• On November 8, 2016, Asheville voters approved a $74 million General Obligation (GO) Bond Referendum
• $32 million for Transportation improvements, $25 million for Affordable Housing initiatives and $17 million for Parks and Recreation improvements.
• In June 2020, the City issued a three-year short-term general obligation bond in an amount not to exceed $25,000,000.
• Short term bonds provide cash to reimburse the City for capital expenses prior to the issuance of long term fixed rate financing.
• Since the short term bond was issued in June 2020, the City has drawn down approximately $14.9 million and will draw the remaining available amount over the next two months.
• In order to refund the $25,000,000 principal on the short term bond, the City intends to issue long-term, fixed-rate GO Bonds in early 2023.
• Staff is seeking Council approval of the Bond Order that authorizes the issuance of 2023 General Obligation (GO) Refunding Bonds in an amount not to exceed $26,000,000, this amount includes an estimate of potential Original Issue Discount and issuance cost, and the approval of the Bond Resolution providing for the issuance of the 2023 General Obligation (GO) Refunding Bonds. Pro(s):
• Converts GO funding from short-term variable-rate debt to long-term, fixed-rate bonds.
• Spreads capital costs over a longer term to better match assets' lives. Con(s):

None Fiscal Impact:

• In June 2017, City Council approved a 3.5 cent increase to the property tax rate to fund future debt service associated with voter passage of the GO Bond referendum.
• The debt service payments for this bond refunding are already included in the multi-year Capital Improvement Program (CIP)/Debt Financial Model. At 6:55 p.m., Mayor Manheimer announced that the City Council would hear anyone who wished to be heard on the questions of validity of the bond order and the advisability of issuing the General Obligation Refunding Bonds, and when no one spoke, she closed the public hearing at 6:55 p.m. Mayor Manheimer said that members of Council have previously received a copy of the bond order and resolution and they would not be read.

. This motion was seconded by Vice-Mayor Kilgore and carried unanimously.

Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend the conditional zoning ordinance (Ordinance No. 4625) for property located at 175 Lyman Street from Mixed-Use Expansion/Conditional Zone to Commercial Expansion/Conditional Zone. This public hearing was advertised on December 2 and 9, 2022. Project Location and Contacts:

• The project site totals 2.8 acres located at 175 Lyman St (PIN 9638-96-8455).
• Owner: 2 Riverside LLC Summary of Petition: Project Site
• The project site consists of a 2.8-acre parcel located at 175 Lyman St.
• The site is currently zoned Mixed Use Expansion
• Conditional Zone through a prior conditional zoning approved in 2017 (Ord. No. 4625), which approved four six-story buildings with a total of 133 residential units and 247 parking spaces.
• The applicant is requesting an amendment to the conditional zoning to the Commercial Expansion
• Conditional Zone (COM EXP
• CZ) district.
• Per UDO Sec. 7-8-41(d), the underlying form code for the RAD
• River district shall apply regarding siting and building design.
• Both segments of Lyman Street, to the west and north of the project site, are considered primary streets per the River Arts Form District.
• The site is designated “Traditional Corridor” on the city’s Future Land Use (FLU) Map.
• A change in the FLU designation will not be required.
• The project site is currently vacant as the remaining historic building on site, the Carolina Coal and Ice Building, was recently demolished.
• The project site is located within a Zone AE Floodplain with a 1% annual chance of a flood event.
• The project site is located in an Opportunity Zone which aims to attract investment capital into low-income areas and offer qualified investors certain tax benefits when they invest unrealized capital gains into these areas. Overall Project Proposal
• The project consists of a new six-story mixed-use building with a total of 263 residential units and approximately 4,500 square feet of retail and artist studio space.
• 13 units (five percent) will be affordable at 80% Area Median Income (AMI) for a minimum of 10 years.
• The first two stories of the proposed building will consist of structured parking with ground-floor retail and lobby spaces on the north elevation, with four stories of multifamily residential above.
• Due to the project being located in a floodplain, all occupied interior spaces at the first floor will be constructed to floodproofing standards, including using cast-in-place concrete perimeter walls and installation of channels for gasketed floodgates to be installed at all window and door openings. These floodgate panels will be stored onsite in a storage room designed for this purpose.
• Other ancillary spaces such as loading and move-in areas and stairs will be constructed to a wet floodproofing standard, intended to allow water in but be minimally impacted once floodwaters recede.
• The parking garage will have sufficient openings to allow the flow of water through the first floor level and out the back side of the building. Site Layout and Design
• The maximum height of buildings in the RAD-RIV district is four stories and 55 feet, or five stories and 70 feet if 20% of the units are designated affordable.
• Building height in the RAD-RIV district is measured from the average grade to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface of a flat roof, not including a maximum six-foot high parapet wall encroachment.
• The height of the proposed building is six stories and approximately 75 feet.
• The project is seeking a technical modification for building stories and height.
• The RAD-RIV district requires a 15 foot primary street setback on both sides of Lyman Street, which are both considered primary streets. There are no required rear yard or side yard setbacks.
• The project is proposing a primary street setback of four feet along Lyman Street (north) and 15 feet along Lyman Street (west), and no side or rear yard setbacks.
• The project is seeking a technical modification for the primary street setback along Lyman Street (north)
• Maximum impervious surface in the RAD-RIV district is 80%.
• The proposed project would result in a total impervious area of 85%.
• The project is seeking a technical modification for impervious surface.
• The RAD-RIV district requires 50% of the primary ground floor, 25% of the side ground floor, and 20% of the upper stories to be composed of windows, doors, or other openings. The building’s design complies with this requirement.
• The RAD-RIV district allows for a maximum of 50 feet in pedestrian entrance spacing along the primary streets.
• The proposed building design has pedestrian entrance spacing in excess of 50 feet on both of its primary street-facing elevations.
• The project is seeking a technical modification for pedestrian entrance spacing.
• The RAD-RIV district has a maximum street-facing facade length of 200 feet.
• The proposed building design has facade lengths in excess of 200 feet along both of its primary street-facing elevations. The project is seeking a technical modification for street-facing facade length.
• The RAD-RIV district has a maximum building lot coverage of 80%. The project design has a building lot coverage of 75% and complies with this requirement Landscaping and Open Space
• Landscape requirements apply, including street trees and parking garage screening.
• The project proposes a total of 16 street trees, which are proposed to be Fruitless Sweetgum, as well as a total of 27 trees and 54 shrubs for parking garage screening requirements.
• Building Impact landscape requirements do not apply in the River Arts Form District.
• There are no open space requirements in the River Arts Form District.
• The subject property is classified as “Urban” under the tree canopy preservation standards with a classification of “Class B” resulting in a 15% tree canopy requirement.
• The site has a total existing canopy of 1.8%.
• The tree canopy preservation requirement will be met through a combination of new tree plantings and fee-in-lieu. Access, Sidewalks and Parking
• Vehicular access to the parking garage will be provided at the north and west sides of the parking garage.
• Loading access is proposed on the west side of the parking garage on Lyman Street (west).
• A total of 367 parking spaces are proposed within the parking garage. 282 parking spaces will be for the residential units, and 85 spaces will be for the retail uses and for the general public.
• Based on the number of bedrooms and dwelling units, as well as the square footage of retail use, the minimum/maximum number of required parking spaces is 206/549.
• Bicycle parking is required in the River Arts Form District and is equal to 133 total bicycle spaces based on the project’s dwelling units and square footage of retail use.
• 106 spaces are required for short-term parking (accessible and visible) and 27 spaces are required for long-term parking (enclosed and secured).
• The project is providing 134 total bicycle spaces, with 28 for short-term parking and 106 for long-term parking.
• The RAD-RIV district requires eight foot-wide sidewalks with six foot-wide planting strips along the primary streets of both sides of Lyman St.
• The project proposes keeping the existing five foot-wide sidewalks, which were recently constructed as part of the RAD Transportation Improvement Project.
• The project is seeking a technical modification for sidewalks.
• The project proposes a plaza feature at the northwest corner of the site at the corner of Lyman Street, as well as an enhanced pedestrian area on the north side of the building where the retail and artist studio spaces are planned, separated from the sidewalk by a knee wall. The plaza space has several design options, all of which incorporate elements such as a seating area, rain garden, and bioswale along the sidewalk. Technical Modifications
• The project is seeking technical modifications to development standards through the conditional zoning process including:
• Building height of six stories and 75 feet total instead of the maximum height allowed of four stories and 55 feet (or five stories and 70 feet if 20% of the units are designated affordable).
• Primary street setback along Lyman Street (north) of four feet instead of the required 15 foot primary street setback.
• Impervious surface totalling 85% instead of the maximum 80% standard.
• No new sidewalks as required to be eight feet-wide with six foot-wide planting strips. The existing sidewalks on both sides of Lyman Street were recently constructed as part of the River Arts District Transportation Improvement Project (RADTIP).
• Pedestrian entrance spacing in excess of the maximum 50 feet on both primary street-facing facades along Lyman Streets.
• Street-facing facades length in excess of the maximum 200 feet standard for both street-facing facades on Lyman Streets. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018)
• The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including:
• Encourage Responsible Growth
• by providing infill development in targeted growth areas.
• Increase and Diversify the Housing Supply
• by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks.
• Elevate the Arts and Cultural Sectors to Strengthen and Preserve Heritage and History
• by supporting opportunities for the creative sector to affordably live, work, and share their work.
• Encourage Naturalized Stormwater Management Techniques
• by implementing low-impact development and green infrastructure strategies.
• The proposed development is compatible with the Future Land Use designation of the project site of “Traditional Corridor” which is described, in part, as “Traditional corridors can be enhanced with full multimodal access, a broad range of community service uses, parking located to the side or rear of buildings, higher residential densities that are supported by transit and wider sidewalks to enhance access to/from neighborhoods” (p. 343). The Wilma Dykeman Riverway Master Plan (2004)
• The proposed development supports the character of the River Arts District described in the Wilma Dykeman Riverway Master Plan, specifically:
• “The River Arts District offers an opportunity to create new open spaces as well as mixed-use, mixed-income housing that preserves the industrial heritage of the mills that distinguish the riverfront and offers unique alternatives to other districts within the city” (p. 4).
• “This district will continue to grow as a concentration of new and reused buildings of mixed-use offering live/work arrangements for artisans and those interested in living along the River” (p.16)

Compatibility Analysis:

• The proposed project is compatible with the surrounding land uses, including:
• The artist studio and retail spaces located along River Arts Pl to the west of the site.
• The light industrial uses and old warehouse/manufacturing buildings located along Lyman St to the south of the site.
• The French Broad River and Wilma Dykeman Greenway located to the west of the site.
• The character and mix of uses currently located throughout and envisioned for the River Arts District. Committee(s):
• Technical Review Committee (TRC)
• September 19, 2022
• approved with conditions.
• Asheville Area Riverfront Redevelopment Commission (AARRC)
• October 13, 2022
• The Commission was overall supportive of the project and discussed a number of items with the applicant, including 1) The suggestion for more EV charging stations in the parking garage; 2) The engagement with the surrounding community and dialogue with Black Wall Street about potential tenants for the retail and artist spaces; 3) The innovative stormwater mitigation techniques proposed, and; 4) The potential for a new or enhanced bus stop in the area depending on future transit routes.
• Design Review Committee (DRC)
• October 20, 2022
• approved unanimously (Vote: 8-0) with the following conditions: 1) That the project incorporate the material, color, fenestration, and general detailing as shown in the Concept Renderings on sheet A5.A30 of the DRC submittal regarding the three red vertical elements, the incorporation of brick detailing and arches, the more closely spaced storefront mullions, and other details as presented on that design; 2) That the project incorporate, as much as is feasible, green roofs and other stormwater control measures within the building design; and, 3) That the applicant return to the DRC to provide an informal courtesy review following these recommended changes and review by the Planning & Zoning.
• These conditions of the project’s approval by the DRC are addressed with the revised project submission for the Planning & Zoning Commission hearing.
• Planning & Zoning Commission (PZC)
• November 2, 2022
• approved (Vote: 4-1) with the following condition: 1) That a minimum of one of the commercial spaces will be made available at below market rate in perpetuity. There was also a conversation around the number of affordable dwelling units and the length of time they would remain affordable, which led to the one dissenting vote.

Staff Recommendation:

• Staff recommends approval of this rezoning amendment request based on the reasons stated above. Mr. Palmquist reviewed the aerial imagery and the future land use map. He then reviewed a chart of the existing and proposed zoning. Regarding the site plan, he said it contains a new six-story building (2 levels of parking with 4 levels of multifamily); 263 residential dwelling units; 13 units (5%) affordable at 80% AMI for 10 years; 4,500 s.f. of retail / artist studio space (one unit below market rate below perpetuity); 367 garage parking spaces (85 of which are for public use); access from Lyman Street (north and west); no new sidewalks proposed (existing new sidewalks on Lyman Street); plaza in northwest corner; landscaping standards: street trees and parking garage screening; and Tree Canopy Preservation standards met on-site and fee-in-lieu. He then reviewed the landscape plan; along with views looking east from the French Broad River and looking wet down Lyman Street. He then reviewed the following conditions (1) 5% of the units (13 units) will be designated affordable to those at or below 80% Area Median Income (AMI) for a minimum of 10 years; (2) A minimum of one of the commercial spaces will be made available at below market rate in perpetuity; and (3) 85 parking spaces available for public use. Technical modifications include (1) Building height of six stories and 75 feet total instead of the maximum height allowed of four stories and 55 feet; (2) Primary street setback along Lyman Street (north) of four feet instead of the required 15 foot primary street setback; (3) Impervious surface totalling 85% instead of the maximum 80% standard; (4) No new sidewalks as required to be eight feet-wide with six foot-wide planting strips; (5) Pedestrian entrance spacing in excess of the maximum 50 feet on both primary street-facing facades along Lyman Streets; and (6) Street-facing facades length in excess of the maximum 200 feet standard for both street-facing facades on Lyman Streets. The following was the review process: Technical Review Committee (TRC)
• September 19, 2022
• Approved with conditions; Asheville Area Riverfront Redevelopment Commission (AARRC)
• October 13, 2022
• Overall supportive with comments given; Design Review Committee (DRC)
• October 20, 2022
• Approved with conditions; and Planning & Zoning Commission (PZC)
• November 2, 2022
• Approved with condition that a minimum of one of the commercial spaces will be made available at below market rate in perpetuity. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Mr. Palmquist responded to Councilwoman Turner about how the changes to the mapping of the floodplain affected the design. Councilwoman Roney appreciated the on-site stormwater, working with neighbors to address public benefits like public parking and local business invitation for commercial space. She was glad to see a housing use instead of a lodging use if that is indeed the case. As this site is 3-tenths of a mile from transit and the RADTIP corridor, she was curious if more affordability might have been met with allowed height density that wasn’t taken advantage of. The applicant responded to Councilwoman Roney regarding solar and electric charging to help reach our carbon reduction goals stating that there were no solar panels but they will have electric charging stations. City Attorney Branham explained to Councilwoman Roney how the City’s tree fee-in-lieu policy works, and how there are currently restrictions in the ordinance that would prevent any new residential property development being used for whole-home short-term rental. There was a brief discussion about developing a public benefits table for multi-family housing, and what kind of outreach the applicant is making due to concerns about artists being displaced in the RAD. Mayor Manheimer opened the public hearing at 7:41 p.m. Two individuals spoke in support of this project and their willingness to work with Black Wall Street on one of the commercial spaces being made available at below market rate in perpetuity. Mayor Manheimer closed the public hearing at 7:46 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Background:

• Verizon has been one of two telecommunications tenants on the City-owned Royal Pines Cell Tower located at 57 Crestwood Drive.
• The City owns the tower primarily for its own public safety communications equipment and allows private telecom companies to utilize space per license agreements with the City.
• Verizon Wireless has been a long-standing telecommunications tenant since 2008.
• The most recent Structural Analysis has shown that the tower is near maximum capacity and equipment upgrades previously requested by Verizon could not be installed.
• In 2020, Verizon decided to relocate to a new tower, and asked for a transition period of two years.
• The City granted that request.
• However, in June of 2022, Verizon notified the City’s Real Estate Office that their plans had changed and they were no longer going to move to a new site.
• Verizon is requesting a new license agreement with the City for a total of 10 years structured as two five-year terms.
• Given that Verizon will not be able to add additional equipment because of structural limitations, the base rent will not be increased.
• However the annual escalation clause of 3% will continue to be applied.
• The current rent is $47,149.18 per year and will increase 3% each year through the term of the license agreement. Committee(s):
• None Pro(s):
• The presence of Verizon on this tower strengthens the signal for the many users of Verizon in the city.
• Rental rate provides revenue to the City of Asheville. Con(s):
• The departure of Verizon would have enabled other users to increase their equipment loadings on the tower.

Fiscal Impact:

• The General Fund will continue to receive revenue (currently $47,149.18) from this license agreement , which is included in the annual budget.

Background:

• The U.S. Department of Housing and Urban Development (HUD) Continuum of Care program provides federal resources to local communities for homeless and housing programs.
• The Continuum of Care framework designates a specific geography within which homeless populations are identified and responsive services are strategically developed and coordinated. Each Continuum of Care is led by a local governance board and supported by a designated Lead Agency.
• Locally, the NC-501 Asheville-Buncombe Continuum of Care covers the geography of Buncombe County, is governed by the Homeless Initiative Advisory Committee (HIAC), and the City of Asheville is the designated Lead Agency.
• The Homeless Initiative Advisory Committee is a joint committee of the City of Asheville and Buncombe County.
• City Council and County Commission each appoint 8 members to serve on HIAC.
• City staff in the Homeless Strategy Division support HIAC and fulfill the Continuum of Care Lead Agency responsibilities.
• Buncombe County provides the City with $32,000 annually to support these efforts. Committee(s):
• N/A Pro(s):
• Provides funding from key partner to facilitate community work to end homelessness Con(s):
• None identified

Fiscal Impact:

• The revenue associated with this agreement was budgeted in the FY23 Adopted Budget.

Background:

• The Municipal Building is located at 100 Court Plaza and houses Police & Fire Headquarters along with serving as Fire Station 1.
• The current building condition requires repair to the structure in the fire apparatus bay and exterior envelope, which are critical to the operation and occupancy of the Municipal Building.
• A Request for Qualifications (RFQ) was advertised on October 22, 2021, for Architectural and Engineering Professional Services.
• The services requested in the RFQ included an initial pre-design building investigation and scope assessment phase, and the subsequent project design and construction administration phase.
• All services provided by Terracon up to this point have been investigative to determine the full scope of the project, and are captured in the original contract along with amendments #1 and #2.
• This Amendment #3 in the amount of $615,000 will authorize the Phase 2 design and construction administration services to be performed by Terracon.
• The total value of the contract, including this amendment, is within the range that is expected for these types of services.

Vendor Outreach Efforts:

• For the original solicitation of pre-design and design services for this project, staff performed outreach to minority and women owned businesses through the RFQ solicitation process.
• This included posting on the State’s Interactive Purchasing System and encouraging consultants to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. Committee(s):
• None Pro(s):
• The pre-design assessments are complete and identified critical repairs.
• This amendment will allow the project to proceed into design and will cover construction administration services. Con(s):
• Completing the needed repairs and restoration to the Municipal Building will require most of the funding allocated to facility maintenance over the five year Capital Improvement Program (CIP), limiting the capacity to address maintenance needs at other facilities.

Fiscal Impact:

• Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.

This item was removed from the Consent Agenda for discussion and/or individual votes. 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.

Affordable Housing Officer Sasha Vrtunski said that this is the consideration of a resolution authorizing revisions to the Housing Trust Fund Policy prior to initiating the Fiscal Year 2022-2023 funding cycle. Background:

• On June 13, 2000, the City Council created the Housing Trust Fund (HTF) with the adoption of a HTF Policy and the approval of a $400,000 allocation to the fund for Fiscal Year 2001.
• For the last several fiscal years, Council has allocated $500,000 from the City’s General Fund to the HTF.
• The 2016 Affordable Housing Bond allocated $5 million in General Obligation Bonds to the fund in 2017.
• From 2001 to 2019, the HTF lent out approximately $15 million and produced over 1,300 units of affordable housing.
• On October 25, 2022, City Council voted to allocate one-time bond funding in the amount of $6 million to the HTF, bringing the available total in the HTF to $7.65 million.
• The City is seeking to align its funding application and award timeline with Buncombe County’s to assist in decision making and provide more predictability to the development community. To sync up with the County, a request for funding applications is expected to be published in mid-December 2022 with awards announced in late April 2023.
• Staff is pursuing changes to the policy in advance of the upcoming funding cycle to make this alignment possible and to have a successful application process. Proposed Policy Revisions
• Modify the $1 million cap on requests and use 10% of total estimated project costs as a cap instead.
• Seven out of eleven total applications approved over the last four years have been over the current $1 million cap.
• This proposed revision allows the HTF to be more responsive to fluctuating costs in the housing and construction marketplace, while maintaining a consistent and proportionate investment from the City for overall project costs.
• A 10% per unit subsidy cap is consistent with Buncombe County’s policy for non-tax credit projects.
• Remove the existing subsidy cap of $20,000 per unit and instead the per affordable unit subsidy (loan amount divided by the number of affordable units) will be used in assessing applications.
• Per unit subsidies have varied in recent applications, based on the depth of affordability and funding tools that are leveraged.
• Classify rehabilitation of single family homes and duplexes as an allowable use for funds.
• Add income averaging as an option under the affordability definition and Special Terms sections
• This is aligned with North Carolina Housing Finance Agency (NCHFA) criteria for rental projects.
• Income averaging can help increase the mix of income diversity within a project.
• Adjustment to the scoring rubric to better align with current policies and community priorities.
• These adjustments include deleting per unit subsidy and unit bedroom size as scoring criteria (this information will still be included in a summary of project information in order to compare projects during the funding cycle) and adding bonus points for the set-aside of units for those with Housing Choice Vouchers.
• Adjustment to applicant pro forma requirements (including vacancy rates, debt coverage ratio, reserves, project income and expenses increases) to be more aligned with NCHFA requirements. Policy Revision Process
• AHAC preliminary policy revision discussion -November 3.
• HCD preliminary policy revision discussion -November 15.
• AHAC policy review and recommendation to HCD -December 1.
• HCD policy review and recommendation to Council -December 6.
• City Council policy review and vote to consider approval -December 13. Committee(s): Affordable Housing Advisory Committee (AHAC) Discussion AHAC met on November 3, 2022 and reviewed the proposed policy revisions.
• AHAC was amenable to the majority of the proposed changes, with discussion and questions on the following items:
• Staff proposed revisions to reflect the understanding that Housing Trust Funds cannot be expended on affordable housing over 80% Area Median Income. AHAC requested clarification from the City Attorney on the legal limits of City funding and Area Median Incomes.
• Concerns about the limited flexibility associated with the annual review cycle.
• Concerns about the policy favoring larger projects through the scoring rubric.
• AHAC requested that staff bring back some examples of recent projects and how they would score using the rubric.
• AHAC discussed their role in providing project funding recommendations to HCD. AHAC members expressed differing opinions about what their role should be. AHAC’s current by-laws state: “The Affordable Housing Advisory Committee will… (3) advise City leadership and staff regarding affordable housing priorities for the investment of City-controlled funds.”
• AHAC further reviewed proposed policy revisions and made a recommendation for HCD’s consideration at their December 1 annual retreat.
• After the AHAC discussion, staff met with the City Attorney’s Office and clarified the existing policy language around income eligibility for homeownership projects. The “area median income” (100% AMI) is allowable for homeownership as there are similar HUD programs for homeownership that use this standard. The limit of 80% AMI for rental projects is limited by state statutes. AHAC met on December 1, 2022 to further discuss and vote on the proposed policy revisions.
• AHAC had an in-depth discussion about the proposed changes and the scoring rubric. There were several themes of the discussion:
• The scoring rubric is complicated and would benefit from a much more comprehensive analysis and community input is needed to make these comprehensive changes.
• The scoring rubric has room for improvement, but it is understood that it is one factor in decision making and is not the deciding factor on funding decisions.
• The level of subsidy needed is substantial, especially for projects that are serving lower AMIs and that have permanent (or longer) affordability periods.
• AHAC voted on the following motion and it was passed 9-1.