City Council regular meeting — May 9, 2023

Principal Planner Will Satvika that this is the consideration of an ordinance to amend Section 7-11-4 of the Unified Development Ordinance to update open space standards. This public hearing was advertised on April 28 and May 5, 2021. Background:

• The UDO section regulating open space was amended and adopted on July 26, 2022 with the purpose of reducing open space requirements for projects on sites less than 1 acre in size, as well as incentivizing higher quality open space.
• The amendment also incentivized development projects on 1 or more acres to either: 1) provide a minimum amount of affordable housing, or 2) upgrade sites to meet current stormwater standards.
• The current code provides exemptions in cases where open space standards are not required to be met, including for new construction or additions of less than 1,500 square feet. This has become apparent as too restrictive for large sites (over one acre) seeking to add an addition of greater than 1,500 square feet.
• These sites are not able to meet the 50% open space requirement, nor are they able to reduce the required open space to 20% as they are not able to meet the affordable housing incentive due to the nature of the land use, nor the stormwater compliance incentive without redeveloping the entire site to add stormwater infrastructure.
• This change would support the intent of the ordinance to support adaptive reuse of properties by changing the exemption for new expansions or additions to 50% of the building’s pre-expansion gross floor footage, which aligns with Sec 7-11-1 of the code regarding site compliance thresholds.
• This amendment would also clarify the intent of UDO Sec. 7-11-4(d)(1)(b), in that “natural open space” is allowed to meet up to 50% of the total open space requirement, regardless of the type of natural feature identified.
• This amendment would also remove “historic resources” from subsection (d) regarding “Open space typologies” as “properties with historic landmark designations” are exempted from open space requirements in subsection (c).

Comprehensive Plan Consistency:

• This proposal supports a number of goals in the Living Asheville Comprehensive Plan, including:
• Increase and Diversify the Housing Supply
• by reducing administrative barriers to housing development and diversification.
• Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking
• by supporting contextually appropriate infill development and a variety of housing types.
• Promote Great Architecture and Urban Design to Enhance Placemaking
• by promoting adaptive reuse as a means of conserving materials, history, and embodied energy in buildings. Council Goal(s):
• A Well-Planned and Livable Community.

Committees:

• Planning & Zoning Commission (PZC)
• April 5, 2023
• Approved, 5:0.

Pros:

• Allows for the additions and expansions of existing buildings up to 50% of the pre-expansion floor area, which matches the threshold for full site compliance as cited in UDO Sec. 7-11-1.
• Provides clarity regarding how much “natural open space” can count towards a site’s total open space requirement, regardless of the type of natural feature.
• Removes duplicative code regarding historic resources as properties with historic landmark designation are already exempted from open space requirements.

Cons:

• Some sites now would not be required to meet the new open space standards nor be incentivized to redevelop to meet affordable housing or stormwater standards.

Staff Recommendation:

• Staff recommends approval of this zoning text amendment request based on the reasons stated above. Mr. Palmquist gave the following background of the amendment: (1) The UDO section regulating open space was amended and adopted on July 26, 2022 with the purpose of reducing open space requirements for projects on sites less than 1 acre in size, as well as incentivizing higher quality open space; and (2) The amendment also incentivized development projects on 1 or more acres to either: 1) provide a minimum amount of affordable housing, or 2) upgrade sites to meet current stormwater standards. Issues identified are (1) The current code provides exemptions in cases where open space standards are not required to be met, including for new construction or additions of less than 1,500 square feet. This has become apparent as too restrictive for large sites (over one acre) seeking to add an addition of greater than 1,500 square feet; and (2) These sites are not able to meet the 50% open space requirement, nor are they able to reduce the required open space to 20% as they are not able to meet the affordable housing incentive due to the nature of the land use, nor the stormwater compliance incentive without redeveloping the entire site to add stormwater infrastructure. The following are the proposed changes: (1) This change would support the intent of the ordinance to support adaptive reuse of properties by changing the exemption for new expansions or additions to 50% of the building’s pre-expansion gross floor footage, which aligns with Sec 7-11-1 of the code regarding site compliance thresholds; (2) This amendment would also clarify the intent of UDO Sec. 7-11-4(d)(1)(b), in that “natural open space” is allowed to meet up to 50% of the total open space requirement, regardless of the type of natural feature identified; and (3) This amendment would also remove “historic resources” from subsection (d) regarding “Open space typologies” as “properties with historic landmark designations” are exempted from open space requirements in subjection (c). He then outlined the pros and cons, along with the compliance with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed zoning text amendment. At the request of Councilwoman Roney, Mr. Palmquist confirmed that there are other parts of Section 7-11 that have been recommended by the Urban Forestry Commission that might be considered at a later date. Councilwoman Roney said that she hoped to be able to support this amendment with some of the recommended changes by the Urban Forestry Commission later this year; however, she would not be able to support this amendment, as she didn’t support the change last year. She still has the same questions around impact on our tree canopy and the level of affordability when incentivizing housing development. Mayor Manheimer opened the public hearing at 7:29 p.m., and when no one spoke, she closed the public hearing at 7:29 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Background:

• The Water Resources Department has prioritized this water system improvement project for the current fiscal year and is seeking engineering design and project management assistance for this project.
• The project was identified as a needed improvement in the latest, 2019 Water System Master Plan
• The project includes construction of a new South Buncombe Pump Station at a different location than the existing pump station, removal of the existing South Buncombe Pump Station, piping changes to the South Buncombe Water Storage Tank and tank yard, addition of a control valve and potential replacement of up to 10’000 feet of 12-inch water main along Sweeten Creek Rd.
• The project will improve pumping capacities while simultaneously reducing pump energy requirements and operations cost; resolve access issues; provide a hydraulic buffer for pump surges in order to eliminate pressure spikes within the zone which will reduce line breaks, reduce pressures in areas where higher system pressure is not required, provide better control of inflows and outflows at South Buncombe Water Storage tank and allow Operations to more efficiently balance the water system distribution.

Vendor Outreach Efforts:

• Through a qualifications based selection process beginning in February of 2020 the City of Asheville selected four consulting firms to provide on-call professional services for Water Distribution and Storage Projects.
• Hazen and Sawyer was one of the selected firms due to their expertise in areas of water distribution projects, water system analysis and project development.
• The City of Asheville entered into a master agreement with Hazen and Sawyer on September 28, 2020 for on-call professional services for Water Distribution and Storage Projects valid for three years with the option to renew for two additional years.
• If approved, the proposed engineering services described here within will be developed into a subcontract under the conditions of the master agreement.
• City of Asheville Water Resources Staff determined that utilizing the on-call professional services for Water Distribution and Storage Projects was the best method to deliver this project and Hazen and Sawyer was specifically qualified to provide the required engineering services.
• No other vendor outreach was performed. Committee(s):
• None. Pro(s):
• This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects, in order to provide safe and reliable service.
• Hazen and Sawyer have successfully provided engineering services for other water system improvement projects.
• Their experience with this water system and expertise in water distribution projects will lead to a successful project with lesser negative impacts to customers and the City’s water system. Con(s):
• Failure to award an engineering services contract would prevent the Water Resources Department from completing the water system capital improvement project in a timely manner and delay the needed replacement of a portion of the existing water system

Fiscal Impact:

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

Background:

• The City and County’s joint Food Scraps Drop-Off program is a strategy for the City to make progress on municipal waste reduction highlighted in activity 17 in the Municipal Climate Action Plan and Food Policy Action Plan.
• Food Scraps Drop-Off pilot program was launched in September 2021 at 1 site and has expanded, in collaboration with Buncombe County, to include 6 sites located within the City of Asheville and 2 sites in Buncombe County.
• To date, 160 tons of food scraps have been diverted from the landfill.
• 2,300 households have registered for program participation.
• The City and County have both received grants to launch and expand the pilot program for the past two years and are now seeking to operationalize the program management through more formal collaboration.
• Joint program management will reduce staff work required for program administration due to Buncombe County holding one contract with the vendor.
• The interlocal agreement with Buncombe County is the proposed instrument that enables the City and County to co-manage and equally co-fund hauling services to support Food Scraps Drop-Off program operations.
• The interlocal agreement will allow the City and County to evenly split the cost to collect and haul food scraps at drop-off sites within city limits.
• The duration of this agreement will be up to 5 years provided conditions of agreement remain the same.

Vendor Outreach Efforts:

• Vendor outreach will be conducted by Buncombe County as the lead contract administrator. City staff will provide a list of registered MWBE vendors to Buncombe County and to the current hauling vendor for subcontracting opportunities Committee(s):
• Environment and Safety Council Committee, April 25, 2023, voted 3-0 to recommend to the full City Council adoption of a resolution authorizing the City Manager to enter into an Interlocal Agreement with Buncombe County for City of Asheville Food Scraps drop-Off program co-management. Pro(s):
• Diverts organic matter away from landfill avoiding greenhouse gas (GHG) emissions
• Contributes to City’s waste reduction goal, climate emergency declaration and food policy action plan
• Supports implementation of the City’s Municipal Climate Action Plan
• Expands access to composting for residents in multifamily housing and those who experience challenges with bear activity Con(s):
• Driving food scraps to drop-off locations generates vehicle carbon emissions

Fiscal Impact:

• For the first year of the agreement, the City will contribute 50% of hauling fees for food scraps drop-off sites located within Asheville City limits not to exceed $15,000 in FY24
• The Sustainability adopted operating budget for the current fiscal year includes $15,000 to manage and implement the Food Scraps Drop-Off program.

Background:

• RecTrac software is used by the Parks and Recreation Department for Point-of-Sale (POS) transactions, event scheduling and ticketing, and venue reservations.
• The software provides the necessary tools for the Parks and Recreation Department to manage daily operations that include registration, rentals, memberships, donations, athletic leagues, ticketing, and electronic signature forms.
• The Parks and Recreation Department has been using this software since 2005, and the database and server have been maintained and updated by the I.T. Services Department on-premise.

Vendor Outreach Efforts:

• Vendor Outreach: RFP 298-APRMGTSOFTFY23 was posted on October 21, 2022.
• There were nine responses: SmartRec; CivicPlus; CommunityPass (aka Capturepoint); Kaizen Labs; Intelligenz; RecTrac; Rec Desk; Univerus; Xplor Recreation.
• One (1) ABI vendor submitted a proposal and was interviewed (Xplor Recreation).
• The vendor was not selected due to the software not being as robust or offering a level of customer experience we are able to offer with RecTrac.
• RecTrac, LLC, DBA: Vermont Systems was selected.
• The review committee awarded this vendor largely due to its robust ability to handle complex tasks, reporting, and continuous enhancements. Committee(s):
• N/A Pro(s):
• The new 5-year contract with Vermont Systems’ RecTrac software provides a fully hosted product (Software as a service).
• This allows for better security, data backup, and disaster recovery. Also, Vermont Systems’ RecTrac software offers PCI-compliant credit card processing.
• RecTrac software provides the following functionality for the

City:

• Activity Registration – interface for staff setup and customer navigation/registration for programs.
• Facility Reservation – to reserve a variety of facilities and shelters in person and online.
• Membership Management – the ability to create a variety of memberships; sell memberships and/or key fobs for checking in.
• Point-of-Sales – the ability to sell quick items and manage inventory.
• Athletic League Management– the ability to set up registrations by team or individual.
• Credit Card Processing (PCI-compliant) – provides PayTrac/WorldPay, a vendor-provided credit card processing gateway, for facilities, activities, and point-of-sale items.
• Reporting/Financial Accounting – provides customizable reports that can be saved, emailed, or exported. The vendor developed GL interface report imports into the city’s financial software Tyler Solutions
• Munis.
• Email/SMS – the ability to automatically send out emails and SMS messages to registered participants. Con(s):
• Funding is only available for the first year.
• Future years will be planned for during the annual budget development process.

Fiscal Impact:

• Funding for the first year of this contract ($33,683) is available in the Parks and Recreation Department operating budget.
• The total amount for the entire five year contract term is $170,939.43.
• Future years will be planned for during the annual budget development process.

Background:

• Memorial Stadium and Mountainside Park improvements were listed on the November 2016 Parks Bond Referendum.
• The planned improvements were clearly defined by Asheville City Council on March 22, 2022. General scope items include:
• New 6 lane, synthetic surface track (retaining wall required to accommodate maintenance road).
• Remove and replace existing restroom building; remove existing concession building.
• Improvements to the existing playground.
• Install a new walking trail in Mountainside Park which transitions to a shared maintenance drive/walking trail connecting to the paved parking lot.
• Remove western metal bleachers. Explore options for temporary seating in this location. (Which may include the construction of a concrete pad).
• Excluded from the scope of Phase 2 are any physical improvements to the existing parking lot or work associated with relocating asset management from Hunt Hill.
• This construction phase is anticipated to begin summer 2023 with 12 months of construction.
• Bids were initially advertised on February 28, 2023.
• Zero bids were received at the bid opening deadline on March 30, 2023.
• The City could not open due to city policy and general statues.
• The project was readvertised on April 5, 2023, and the City received and opened bids on April 20, 2023.
• Three bids were submitted, their names and bid amounts are listed below:
• Patton Construction Group, Asheville, NC, $4,095,500.00
• SIMCON Company LLC, Mount Airy, NC $4,695,000
• Hickory Construction Company, Hickory, NC $4,699,000
• Patton Construction Group was the lowest responsive, responsible bidder.

Vendor Outreach Efforts:

• ABI goal of 4.6% of the construction contract to go to Black, Asian or Native American contractors.
• 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.
• Women Owned Business subcontractors are being contracted for this work and are anticipated to complete 3.5% of the total work.
• The general contractor is encouraged to continue to use inclusive business practices if additional subcontractors are utilized. Committee(s):
• City Council reviewed and voted on 3/22/2022 to move forward with the Mountainside and Memorial Park improvements. Pro(s):
• Benefits of these park improvements include opportunities for hosting new track events, community health and fitness and responding to community needs and prior commitments. Con(s):
• Removing and relocating turf and stormwater that was recently installed.
• Potential adverse impacts of increased traffic and parking conflicts within the neighborhood during track events.

Fiscal Impact:

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

Background:

• Phase I improvements for the Nature Center Gateway to the Southern Appalachians Project were completed in 2018 with the entry and visitor plaza center being relocated and included parking and drop off drive for a complete arrival experience.
• This phase of the project was kicked off in 2019 as the Nature Center Butterfly Garden Project.
• With additional funding from the Tourism Product Development Fund (TPDF), the Nature Center has been able to expand the scope of this project phase to include additional improvements such as a new 800 square foot gift shop.
• General scope items include the design of a new gift shop, barn updates and modifications, reconfiguration of the domestic farm animal exhibit, removal of the elephant care building, new open guest plaza/lawn, retaining wall work, and a butterfly exhibit including native plantings.
• A Request for Qualifications was published on January 19, 2023
• Responsive qualifications were received on February 15, 2023, from three teams:
• ADC Engineering, Greenville, SC
• Surface 678, PA Durham, NC
• Szostak Design, Chapel Hill, NC
• Qualifications were reviewed and ranked by an internal team who determined that ADC Engineering, Inc. was the most qualified candidate.

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 qualifications or letters of interest for this phase of the project. Further efforts will be made with the future construction phase. Committee(s):
• None. Pro(s):
• Increased attendance and increased revenues to help offset operating costs at the Nature Center.
• Increase programming for after hours events.
• Animal welfare will be improved with different ground surfaces and inclines.
• Continuing to fulfill the 2010 Nature Center master plan “Vision for the Future.”
• Additional educational opportunities. Con(s):
• Existing facility and guest/animal impacts during construction.

Fiscal Impact:

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

Background:

• City Council approved Resolution 22-254 on December 13, 2022, authorizing the City Manager to accept $150,000 in grant funds from the Golden Leaf Foundation to conduct the Swannanoa River Road Flood Mitigation and Damage Reduction Feasibility Study.
• The scope of work includes the following items:
• Identify flood patterns.
• Identify flood impacts on public infrastructure and private properties.
• Evaluate and make recommendations for conceptual plan options of a re-envisioned Swannanoa River Road corridor that provides for a resilient transportation corridor, a greenway, additional public open space, and potential flood mitigation and damage reductions.
• Provide a planning-level cost estimate to implement the plan.
• Inform ongoing City and North Carolina Department of Transportation (NCDOT) planning efforts related to the future reconstruction of Swannanoa River Road and the Swannanoa River Greenway.
• The project will be managed collaboratively between the Public Works Department and the Transportation Department and is anticipated to begin in June 2023, with an anticipated completion date in December 2024.
• The City and the Golden Leaf Foundation executed the agreement for the grant on March 21, 2023.

Vendor Outreach Efforts:

• The Request for Qualifications process followed all state and organizational requirements for an equitable selection process by an ad hoc selection committee group, including representatives from city staff and Land of Sky Council of Governments staff. Committee(s):
• None (Council approved Resolution 22-254 on December 13, 2022, authorizing the City Manager to apply for and accept funds from the Golden Leaf Foundation to conduct this flood study for this project area). Pro(s):
• Determine patterns and impacts of recurring flooding.
• Provide recommendations for potential flood reduction, mitigation, and increased climate resiliency.
• Help with ongoing planning efforts related to the future reconstruction of the Swannanoa River Road and the Swannanoa River Greenway.
• The Land of Sky Regional Council (LOSRC) will manage the project. Con(s):
• Transportation Department and Public Works Department staff time.
• Recommendations could impact limited City resources.

Fiscal Impact:

• Funding for this contract was previously budgeted and is available in the Special Revenue Fund.

Background:

• In 2022, the City was awarded a planning grant from the French Broad River Metropolitan Planning Organization (FBRMPO) to prepare a feasibility study to evaluate potential alignments along the northern and southern sections of the existing Reed Creek Greenway and the transition area between the Reed Creek Greenway and the Glenn Creek Greenway.
• The feasibility study will provide information that will help with the future design of these sections, which will be accomplished under a future contract.
• The City and the FBRMPO entered into a grant agreement for the feasibility study on June 10, 2022.

Vendor Outreach Efforts:

• Staff performed a solicitation process which included advertising Requests for Statements of Qualifications for Professional Services on the State’s Historically Underutilized Businesses (HUB) website.
• An ad-hoc Selection Committee was formed to select the most qualified firm and included members from internal City departments, the Montford Neighborhood Association, FBRMPO, the North Carolina Department of Transportation (NCDOT), and UNC Asheville.
• McAdams firm is a pre-qualified vendor with NCDOT through the work code 132
• Landscape & Streetscape Design and is registered as a RS-2 Prime Consultant Firm, as required by the project funding. Committee(s): N/A Pro(s):
• Enable the City to determine the most appropriate alignments for the subject sections.
• Aid the City during the future design phase.
• Satisfies a recommendation from the adopted GAP Plan. Con(s):
• $10,000 in matching funds is required.

Fiscal Impact:

• Funding for the $10,000 local grant match was previously budgeted and is available in the City’s General Capital Projects Fund.

Community & Economic Development Director Nikki Reid said that this is the consideration of a resolution authorizing the submittal of the 2023-2024 Annual Action Plan for the Community Development Block Grants and HOME Investment Partnerships Program to the U.S. Dept. of Housing and Urban Development along with the Annual Action Plan Amendments for years 2019-2020 and 2022-2023 that includes prior year resources to be rolled forward into 2023-2024 projects and authorizing the City Manager to sign all necessary documents to this effect. This public hearing was advertised on April 28, 2023. Background:

• The City of Asheville is an entitlement community and participating jurisdiction with the US Department of Housing and Urban Development and receives formula funding through the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME).
• The City receives these allocations annually through a federal formula allocation process.
• CDBG funds support housing and community development activities within the City of Asheville.
• HOME funds support affordable housing activities within the four-county Consortium region including Buncombe, Madison, Transylvania, and Henderson Counties.
• In 2020, the City also received a one-time formula allocation of CDBG-Covid Relief (CDBG-CV) funds, issued with the purpose of preparing for, preventing, and responding to coronavirus.
• Currently, there is a total of $193,157.10 available in CDBG-CV funding that remains unspent and needs to be allocated.
• All funded activities must be in alignment with the goals and priorities outlined in the City’s Five Year Consolidated Plan.
• On February 28, 2023, HUD released the 2023-2024 formula allocations for the CDBG and HOME programs.
• The City was awarded $1,034,817 in CDBG funding and estimates $72,000 in Program Income.
• The total amount of CDBG funding available is $1,106,817.
• The City was awarded $1,318,357 in HOME funding and has received $428,019 in Program Income.
• In addition, prior year HOME funding resources have been rolled forward into the funding available for the 2023-2024 Annual Action Plan funding recommendations for a total of $2,696,376. Committee(s):
• Housing and Community Development Committee
• February 8 2023
• recommended to Council with a unanimous vote in favor of CDBG-CV funding allocations.
• Asheville Regional Housing Consortium Board
• March 17, 2023
• HOME presentations heard from applicant agencies.
• Housing and Community Development
• March 21, 2023
• CDBG presentations heard from applicant agencies.
• Asheville Regional Housing Consortium Board
• March 22, 2023
• Initial HOME funding recommendations discussed.
• Housing and Community Development Committee
• March 29 2023
• recommended to Council with a unanimous vote in favor of CDBG and additional CDBG-CV funding recommendations.
• Asheville Regional Housing Consortium Board – March 29, 2023
• recommended to Council with a vote of twelve (12) in favor of HOME funding recommendations with one (1) opposed. Pro(s)
• Approval of the Annual Action Plan paves the way for HUD funding to be utilized by partners in the City of Asheville and the region, with funds to be used to create affordable housing and jobs and to make positive impacts in our low and moderate income communities. Con(s)
• It is not always possible to fund all of the applications received and many agencies funded will receive less than the amounts requested.

Fiscal Impact:

• The Annual Action Plan is fully funded from federal CDBG and HOME entitlement grants, unspent funds from prior-year allocations, and estimated program income.
• Staff costs to administer the program are paid from federal sources.
• The FY 2023-24 budgets for both the CDBG and HOME programs will be included in the annual budget ordinance adopted by City Council. Ms. Reid said the key takeaways from this presentation are (1) HOME Partnership funds to support affordable housing, public services, economic development and community improvements. In 2020, a one-time federal allocation of CDBG-CV funds was issued in response to coronavirus; (2) The Housing and Community Development Committee (HCD) recommends the following awards: (a) Community Development Block Grant Program (CDBG) Funding = $1,106,817
• Total of twelve grants plus staff administration; and (b) CDBG-CV remaining funding = $193,157.10
• Two grants; (3) The Asheville Regional Housing Consortium (ARHC) recommends the following awards: HOME Investment Partnership Program (HOME) Funding = $2,696,376
• Total of nine grants plus staff administration; and (4) The public hearing is the final step in submitting the 2023-2024 Annual Action to HUD to define the community investments with these federal funding sources. She reviewed the application background process, along with the consolidated plan priorities. She then reviewed the recommendations for the CDBG public services, the CDBG non-public services, the CDBG-CV; and the HOME funds. Mayor Manheimer opened the public hearing at 7:18 p.m., and when no one spoke, she closed the public hearing at 7:18 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.

Background:

• The Swannanoa River Greenway Section 1 project is a 2016 Bond funded project that begins at the intersection of Glendale Avenue and Thompson Street and ends at the intersection of NC 81 (Swannanoa River Road) and Bleachery Boulevard.
• The total budgeted cost for the design and construction phases of the project is $6.1 million.
• The Tourism Development Authority awarded the City a Tourism Product Development Fund grant in the amount of $2.3 million for this project.
• The scope of work to the existing traffic signal at the intersection of NC 81 (Swannanoa River Road) and Bleachery Boulevard includes revisions to the existing pedestrian signalization and curb ramps to accommodate lane changes and the addition of a widened 12-foot multi-use transportation path on the Bleachery Boulevard bridge.
• No additional right-of-way is needed for the subject work.
• The City is responsible to fully fund the traffic signal revisions including design, materials, and installation.
• The NCDOT will review the design and inspect the work during the construction phase.
• Upon completion of the project, the NCDOT will continue to own and maintain the traffic signal. Committee(s):
• None Pro(s):
• The subject project will enable the intersection to operate in a more efficient and safe manner for all modes of travel.
• The subject project will provide a better connection to the Swannanoa River Greenway. Con(s):

None Fiscal Impact:

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

Suggested Motion:

• Motion to authorize the City Manager to enter into and execute a traffic
• review and inspection agreement with the North Carolina Department of Transportation (NCDOT) for the City to make revisions to the existing traffic signal at the intersection of NC 81 (Swannanoa River Road) and Bleachery Boulevard and to submit payment in the amount of $5,000 upon partial execution of the agreement by the City. K. CONFIRMATION OF SETTLEMENT AGREEMENT IN MATTHEW ROUS V. CITY OF ASHEVILLE ND BRETT L. FOUST Settlement Report: In accordance with NCGS § 143-318.11(a)(3), the City Attorney’s office hereby reports that a settlement has been completed in the matter of Matthew Rous v. City of Asheville and Brett L. Foust, Civil Action No.: 1:22-CV-00005. The Plaintiff has dismissed all claims raised in this matter in exchange for $75,000. 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.