City Council regular meeting — February 28, 2023

Background:

• The Parks & Recreation Department is responsible for maintenance of the Wilma Dykeman Greenway along the French Broad River.
• Each year it has become increasingly difficult to recruit, hire and train qualified temporary seasonal workers.
• A Request for Proposals was advertised for interested companies to provide landscape maintenance services for (1) year with an option to renew for an additional (2) years.
• Rivertop Contracting, INC. was selected based on experience, qualifications, understanding of the scope of services, cost, and availability.
• The Parks Department entered into the contract for the first year but now requires City Council approval for the contract amount for the additional two years.
• The contractor will provide all labor, materials, and supplies for the operations and management for landscape maintenance services, ensuring the greenway will be maintained in a well kept, safe, and efficient manner.

Vendor Outreach Efforts:

• Staff performed outreach to minority- and women-owned businesses through solicitation processes which included direct vendor outreach, and posting on the State’s Interactive Purchasing System to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers.
• There were four (4) proposals submitted including (2) woman owned business.
• The contractor selected is not a minority or woman owned business. Committee(s):
• None Pro(s):
• Will help continue to meet level of service standards for city-owned parks and greenways. Con(s):
• None

Fiscal Impact:

• Funding for this contract is available in the Parks & Recreation Department operating budget.

Background:

• In 2022, the Public Works Sanitation Division was awarded $500,000 in American Rescue Plan Act (ARPA) funding to implement a litter and cleanliness program.
• The Public Works Sanitation Division proposed to fill a current service gap by providing services for roadside litter and hot spot litter collection, including cleanup of sites containing biohazardous materials.
• Two RFPs were issued for 1) Biohazardous Material Cleanup and 2) Roadside Litter & Hotspot Collection.
• The Biohazardous Waste Cleanup contract was advertised on December 2, 2022 and bids were opened on January 20, 2023.
• The following bids were received:
• Steri-Clean North Carolina of Columbia, SC $165.00/hr
• Haul Away Junk Removal & Demolition of Greensboro, NC $255.00/hr
• Bio-One Asheville of Asheville, NC $300.00/hr
• The Roadside Litter & Hotspot Collection contract was advertised on December 1, 2022 and bids were opened on January 19, 2023.
• The following bids were received:
• WNC Landscaping, LLC of Asheville, NC $126,000.00
• Rivertop Contracting of Asheville, NC $129,000.00
• MSLean LLC of Asheville, NC $132,000.00
• Smith and Lloyd Landscaping and Design, LLC of Asheville, NC $239,000.00
• Thorpe Landscaping of Asheville, NC $767,000.00
• The total project cost is $500,000.
• Public Works estimates that $200,000 will be spent on Biohazardous Waste Cleanup, and $300,000 on Roadside Litter & Hotspot Collection.
• The amounts of each individual contract are estimated due to the fact that ongoing service needs will vary as time progresses.
• The resolution will authorize the City Manager to execute change orders to move funds into and out of each contract if needed, while maintaining the total not-to-exceed project amount of $500,000.
• This will allow flexibility to meet the greatest need.

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.
• In addition, the contract was posted on the North Carolina Department of Administration Historically Underutilized Business (HUB) website.
• Staff also used the City of Asheville List of Certified Business spreadsheet, NCDOT Directory of Firms and the North Carolina HUB website to search for MWBE companies to whom to directly advertise the contract.
• One MWBE firm (Black American) submitted a bid for the roadside litter contract.
• No MWBE firms submitted a bid for the biohazard contract.
• The lowest, responsive, responsible bidders are not MWBE firms and do not propose to subcontract any of the work. Committee(s):
• N/A Pro(s):
• Supports Council’s goal for a Clean and Healthy Environment
• Supports Council’s FY23 priority to Improve and Expand Core Services
• Supports Citywide cleanliness efforts Con(s):
• Currently there is no funding to continue these expanded core services beyond the grant funding allotment.
• Additional project and contract management duties will be added to existing staff workload without additional staffing capacity.

Fiscal Impact:

• $500,000 in ARPA funding which is already included in the adopted budget for FY23.

Background:

• As part of the Fiscal Year 2023 (FY23) budget, $85,000 was allocated to complete a missing middle housing study that proposes to identify regulatory and policy barriers to building missing middle housing (e.g., townhomes, accessory dwelling units, multiplexes, etc) and to provide a strategy to prioritize options to remove those barriers.
• An additional $30,000 has been identified to support expanding the scope of work to incorporate a Displacement Risk Assessment that will analyze displacement vulnerability, market pressure, and opportunities to put together anti-displacement strategies focused on minimizing or mitigating harm of proposed housing policies.
• The project will include an advisory working group of the Planning & Zoning Commission that will be made up of 14 individuals to provide broad-based review and feedback to staff during the project.
• Staff and the consultant team in partnership with the working group will develop an outreach strategy to ensure engagement with the diverse Asheville community.
• Tentative timeline: March project kickoff with estimated completion by the end of 2023.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women owned businesses through solicitation and posting on the North Carolina Office for Historically Underutilized Businesses (HUB)
• Six firms responded to the Request for Qualifications (RFQ) including one minority business enterprise (MBE)
• The selected firm, Opticos Design, Inc, is a certified B Corporation, focusing on equitable operations internally as well as externally. The sub-consultant is Cascadia Partners, a certified Emerging Small Business (ESB). Neither firm is minority owned.

Comprehensive Plan Consistency:

• Goal #1: Encourage Responsible Growth
• Goal #13: Increase and Diversify the Housing Supply

Council Goal:

• Equitable & Affordable Housing & Stability Committee(s):
• On January 13, 2023 staff provided a presentation to the Urban Forestry Commission (UFC).
• On February 2, 2023, staff provided an update to the Affordable Housing Advisory Committee (AHAC).
• On February 20, 2023, staff provided an update to the Planning & Economic Development Committee (PED).

Pros:

• Project will provide guidance to help the City prioritize efforts for regulatory changes aimed at improving housing supply, choice, and diversity in a manner that is consistent with equity goals.

Cons:

• None

Fiscal Impact:

• Funding for this contract ($115,000 in total) is available in the Planning & Urban Design ($85,000) and Community and Economic Development Department ($30,000) operating budgets.
• CED is funding the displacement analysis using a budget initially planned for an Affordable Housing Plan, and will seek grant funding to supplement the remaining budget for that plan.

Background:

• City Council established SACEE in 2006 as a nine-member committee to advise Council on issues of environmental and energy sustainability. Resolution 06-171 specified that five members were to be at-large appointments while the other four had to represent “specific economic and community sectors”:
• one with expertise in energy management;
• one involved with the operation of a business in Asheville;
• one employed in the construction industry in Asheville; and
• one employed in real estate development in Asheville.
• At this time, no SACEE member is employed in real estate development.
• SACEE recommends that Council amend these requirements to provide that all SACEE members be appointed at-large.
• SACEE also recommends that Council consider simplifying SACEE’s name to Sustainability Advisory Committee (SAC). Committee(s):
• Sustainability Advisory Committee on Energy and the Environment, January 18, 2023 voted 7-0
• Boards and Commission Council Committee, February 14, 2023 voted 3-0, to recommend to the full City Council changing the committee’s appointments from specific designations to at-large and to change the committee’s name to the Sustainability Advisory Committee (SAC) Pro(s):
• Eliminating the current restrictions on SACEE member appointments will give Council the needed flexibility to select members who are best qualified to advise Council on the range of sustainability issues faced by the City now and in the future.
• Although the descriptor “on Energy and the Environment '' in SACEE’s name has not limited the scope of SACEE’s activities to date, dropping the descriptor would simplify the name and remove any perceived restrictions on the scope of issues within SACEE’s purview. Con(s):
• None

Fiscal Impact:

• This action requires no additional City resources and has no fiscal impact.

Background:

• The HCCA event load in FY23 has been significantly higher than initially forecasted during last year’s budget process which took place as COVID hesitancy for events remained high.
• As a result, HCCA concessions, ticketing and other show related revenues are expected to exceed the adopted budget.
• Additional budget is needed for concessions purchases, show settlements, and other expenses that increase along with additional bookings. Committee(s):
• None Pro(s):
• Provides sufficient budget authorization for anticipated expenditures in the HCCA Fund without increasing the General Fund transfer. Con(s):
• None

Fiscal Impact:

• This budget amendment is funded with HCCA operating revenues that are expected to exceed adopted budget estimates.
• There is no impact to the General Fund budget.

Background:

• The property at 179 S. Charlotte Street has been in operation as an ABC Store since 1984.
• The ABC Board considers this site strategic because it functions as a retail outlet and also as a mixed beverage (commercial sales) outlet for downtown businesses.
• The current lease is on a month-to-month basis and the ABC Board wishes to execute a new lease at this time.
• The Board of Alcoholic Control has offered to enter into a new lease that has the following terms and conditions:
• Term of five years with five, one-year renewals at the sole discretion of the City Manager
• Annual rental fee of $64,714 with a 3% escalation fee per year
• Lessee to pay all utilities and maintenance associated with premises
• Right of either party to terminate at any time with 180 days notice
• The City acknowledges that the ABC Board will need adequate time to make alternate arrangements should they have to vacate this convenient, downtown location.
• The lease specifies a notice to vacate of 180 days.
• A Broker's Price Opinion was secured to estimate fair market rent for this location.
• Since this property came to the City’s ownership via Urban Renewal, all proceeds of this lease are required to benefit the Community Development Block Grant as Program Income and redistributed into the community through the annual CDBG Grant process.
• Long-term considerations for this site include the potential of combining it with adjacent City-owned properties for future redevelopment. Committee(s):
• None Pro(s):
• Strategic real property management, through the renewal of lease agreements, presents the City with revenue enhancements, which in this case benefits the Community Development Block Grant program.
• The Asheville ABC Board has consistently agreed to pay fair market lease rates.

Cons:

• None

Fiscal Impact:

• The City will be compensated $64,714 annually for the use of this property, generating revenue for the CDBG program that is invested into the community through the CDBG grant process.

Background:

• In July 2018, the City adopted a maintenance agreement with Tyler Technologies to provide maintenance for the City's enterprise financial systems that included a 5% annual escalation.
• The Tyler/Munis Enterprise Financial System covers all of the City’s core financial needs, including the general ledger, payroll management, accounts payable/receivable, contract management, procurement and purchasing, annual financial reporting, and utility billing.
• Additional modules have been added since that time, including Vendor Self-Service and the Bid Management module.
• Funding for the agreement is to be appropriated annually in the City budget process.
• The term of this amendment runs from April 2023 to April 2028.
• Previous Resolutions: 18-179; 19-62; 22-41

Vendor Outreach Efforts:

• This is to authorize the renewal of a 5-year agreement.
• No additional vendor outreach was conducted. Committee(s):
• N/A Pro(s):
• The City has been using Tyler/Munis Enterprise System since January of 2010 and staff is familiar with its strengths, limitations, and support process.
• Allows for critical support issues for the City’s financial system to be resolved in a timely manner.
• Allows for updates to the Tyler/Munis Enterprise System, which enables new features and improvement of underlying technologies; upgrading licensing is included with support and ongoing fixes. Con(s):
• None

Fiscal Impact:

• Funding for this contract ($235,258.50) is available in the General Fund, Water Resources Fund and Stormwater Fund operating budgets.
• This total contract amount will increase by 5% each year, for a five-year estimated cost of $1,299,951.72. The total for the entire life of the contract (FY19 to FY28) is estimated to be $2,307,103.60.

LP to temporarily close the Biltmore Avenue Parking Garage in order to pour a new slab at the top of the parking structure that will replace the existing slab that is being demolished and removed. Background:

• The Moxy Hotel, a 115 unit, 7-story building, is currently being constructed on the south side of the Biltmore Avenue Parking Garage by MHG Asheville MX, LP.
• To accommodate hotel construction, demolition and removal of an existing slab at the top of the Biltmore Parking Garage was required.
• A license agreement was executed at the staff level in January 2023 for the demolition and removal of the existing slab for a 45 day period beginning on January 16, 2023 and ending on March 3, 2023.
• The “demolition phase” was completed on February 8, 2023 and impacted parking levels were reopened (22 days ahead of schedule).
• The “pouring phase” to pour back the demolished slab is scheduled to begin on March 25, 2023 and end on April 8, 2023 for a total time period of 15 days.
• The entire parking garage must be closed during the “pouring phase” which impacts a total of 412 parking spaces (150 spaces for the Aloft Hotel, 110 spaces for the City’s monthly parking accounts, and 152 spaces for public hourly parking).
• As part of the license agreement, MHG Asheville MX, LP will pay the City a fee for lost revenue. The methodology for the license agreement fee is described below:

Rate Per Parking Space:

• The Biltmore Parking Garage has a daily rate per parking space of $7.73 based on the hourly revenues that are being generated (the daily rate per parking space is equivalent to a $235 monthly rate per parking space).
• The daily rate per parking space of $7.73 will be applied to 262 parking spaces (412 spaces minus 150 spaces) and the anticipated fee for 15 days is $30,378.90 ($7.73 x 262 spaces x 15 days).
• Aloft

Hotel Monthly Parking Fee:

• The Aloft Hotel will continue to pay its current monthly fee of $11,055 for 115 parking spaces and $5,390 for 35 parking spaces as stipulated by the existing Parking Facilities Agreement entered into between the City and the Aloft Hotel on February 17, 2011 as amended.

Office Space:

• Since the Parking Services Division will not have access to their office space and storage space, the anticipated fee for that loss of access is $608.70 ($40.58 daily rate x 15 days).
• Transportation Department staff calculated a daily rate of $40.58 based on a $1.10 monthly per square foot rate and a total of 1,122 square feet of office and storage space (the $1.10 monthly per square foot rate is the agreed upon rate as stipulated by the existing Parking Facilities Agreement entered into between the City and the Aloft Hotel on February 17, 2011 as amended). 15 Day Fee Summary Table Aloft Hotel Parking Spaces 150 spaces $8,109.90 Public Parking Spaces 262 spaces $30,378.90 Loss of Office & Storage Space (1,122 square feet) 1,122 square feet $608.70 Total Fee = $39,097.50
• If the term of the license agreement is extended beyond the 15-day time period, the City reserves the right to increase the rates by 10%.
• Access cards for the City’s monthly parking accounts in the Biltmore Avenue Parking Garage will be reprogrammed to allow access in the Harrah’s Cherokee Center, Rankin Avenue, and Wall Street parking garages during the 15-day closure time period.
• The City’s surface parking lot located at 50 Asheland Avenue (adjacent to the Transit Center) will also be available to the City’s monthly parking accounts in the Biltmore Avenue Parking Garage.
• Additionally, Biltmore Avenue Parking Garage monthly parking accounts will receive a 50% credit to their accounts on March 1, 2023, pending City Council approval.
• Once the subject action is approved by City Council, the City’s monthly parking accounts will be notified of these accommodations through the Biltmore Avenue Parking Garage email listserv and the new opt-in texting feature.
• A press release will be issued on March 1, 2023 regarding the temporary full closure of the Biltmore Avenue Parking Garage including information about other parking options and the Parking Services Division staff will follow up with the adjacent businesses via flyers to be sure they are aware of the closure.
• Security must be provided by MHG Asheville MX, LP in the Biltmore Avenue Parking Garage during the nighttime hours and anytime when construction activities have stopped for the day. Committee(s):
• None Pro(s):
• Enables the contractor to complete the “pouring phase” in a safe and timely manner.
• Minimizes long term structural damage to the Biltmore Avenue Parking Garage. Con(s):
• Temporary loss of 262 public parking spaces.
• Temporary loss of 1,122 square feet of Parking Services’ office and storage space.

Fiscal Impact:

• Based on revenues generated by public spaces in the current fiscal year, this agreement would generate an additional $2,357.77 in the Parking Services Fund.

Principal Planner Will Palmquist said that this is the consideration of an ordinance to rezone 234 Hendersonville Road from Office District and Highway Business District to Highway Business District. This public hearing was advertised on February 17 and 24, 2023. The rezoning petition consists of a single property totalling 1.19 acres located at 234 Hendersonville Rd (PIN 9647-77-5785). Owner: Milan Biltmore Two Inc. The property is currently zoned Office (OFF I) and Highway Business (HB) and is in the Hotel Overlay District allowing large and small hotels. The land use of the property is currently a hotel operated by Clarion Inn. The subject property is designated “Urban Corridor” on the city’s Future Land Use (FLU) Map. Planning & Zoning Commission (PZC)

• February 1, 2023
• approved, 4:0. Staff recommends approval of this rezoning request. Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. Bob Oast, attorney representing the applicant, spoke in support of the rezoning. Mayor Manheimer opened the public hearing at 4:18 p.m., and when no one spoke, she closed the public hearing at 4:18 p.m.

Principal Planner Will Palmquist said that this is the consideration of an ordinance to rezone 43 Redfern Street from Institutional District/Conditional Zone to RM-8 Residential Multi-Family Medium Density District. This public hearing was advertised on February 17 and 24, 2023. The rezoning petition consists of a single property totalling 0.29 acres located at 43 Redfern St (PIN 9628-95-4517). Owner: West Asheville Baptist Church Inc. The property is currently zoned Institutional

• Conditional Zoning (INST
• CZ) per a Conditional Use Permit adopted April 2004 (Ord. Nos. 3104 & 3105). The land use of the property is currently a single-family detached house that is used for activities associated with the West Asheville Baptist Church. The subject property is designated “Traditional Neighborhood” on the city’s Future Land Use (FLU) Map. Planning & Zoning Commission (PZC)
• February 1, 2023
• approved, 4:0. Staff recommends approval of this rezoning request. Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. Mayor Manheimer opened the public hearing at 4:21 p.m., and when no one spoke, she closed the public hearing at 4:21 p.m.