Asheville Council Votes
Public records of the Asheville City Council, made readable

City Council regular meeting — May 23, 2023

Asheville City Council recorded 18 votes at its regular meeting on May 23, 2023; none drew a no vote. Most items concerned Zoning & Land Use.

Voting: Sandra Kilgore, Esther E. Manheimer, S. Antanette Mosley, Kim Roney, Sheneika Smith, Sage Turner, Maggie Ullman.

18recorded votes
0split votes
0failed
0members absent

All votes

Item A · Administrative · consent agenda

Approval of the combined minutes of the agenda briefing worksession held May 4, 2023 and the formal meeting held May 9, 2023

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Item B · RES 23-104 · Zoning & Land Use · Resolution · consent agenda

Resolution authorizing the City Manager to execute a contract amendment with French Broad Paving Inc. for the Sulphur Springs Road resurfacing

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

Background:

  • Upon the start of resurfacing operations, two unforeseen issues with Sulphur Springs Road were discovered.
  • Sections of the road were not built upon a gravel base, but were instead built upon an improper base of red clay.
  • The area was annexed in 1917 and the road predates the city’s records.
  • Because the road has a concrete base, and based on the size of the aggregate, the current configuration is at least 50 years old.
  • This issue has led to approximately 385 tons of necessary patching, while the original estimate was 160 tons. The road is a layer of asphalt over concrete.
  • The issue was discovered when the asphalt was milled away and the concrete was found to be in very poor condition.
  • Several areas were in such disrepair that construction equipment would fall through the concrete and sink 1-2 feet into the clay underneath the concrete.
  • This condition was most prevalent between Lucy S. Herring Elementary School and Haywood Road.
  • Sulphur Springs Road has had several utility projects performed since the resurfacing contract was advertised.
  • The pavement in the impact areas was found to have very little crown (slope) or even a reverse crown.
  • Proper crown assures positive drainage, which improves structural longevity and safety.
  • In some areas a 5-6 inch application of asphalt had to be applied to establish a standard 2 percent fall from the road center to the curb.
  • The increase in required asphalt depth will lead to an approximately 20% overage in asphalt tonnage.

Vendor Outreach Efforts:

  • N/A
  • This is a contract amendment. Committee(s):
  • None Pro(s):
  • Approval of the amendment will allow for Sulphur Springs Road to be properly repaired. Con(s):
  • This construction work, although performed via a contractor, will also use City staff administrative time to ensure the work is properly performed.
  • The work will be a further disruption to a neighborhood that has experienced a significant amount of construction recently.

Fiscal Impact:

  • Funding for this contract was previously budgeted as part of the 2016 General Obligation (GO) Bond program and is available in the General Capital Projects Fund.

Item C · RES 23-105 / ORD 5014 · Transportation · Resolution · consent agenda

Resolution authorizing a contract amendment with Appalachian Paving & Concrete Inc. for the FY2023 utility cut concrete repair project, and related budget amendment

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

Background:

  • The City of Asheville Public Works Streets Division administers the Street Cut Utility Program.
  • This program is an enterprise fund that is supported by the participation and work generated by partner agencies (Metropolitan Sewerage District, Dominion Energy, City of Asheville Water Resources, and City of Asheville Stormwater Division).
  • As part of this program, both internal and external utilities partner with the Streets Division to make repairs to City-owned infrastructure that results from utility improvements and repairs.
  • At times these activities cut concrete infrastructure such as curbs and sidewalks. When this occurs the Utility Cut Program must have a method to address these areas.
  • This contract serves as an instrument to address the unpredictable nature of these cuts in the City infrastructure.
  • The quantity and location of the concrete repairs performed under this contract is dictated by development and repair work performed by the partner utilities.
  • The pace of development has expended the funds allocated to the concrete repair contract for FY23.
  • This addition of funding will help the contract last through the end of FY23.

Vendor Outreach Efforts:

  • N/A
  • Amdt to existing contract Committee(s):
  • N/A Pro(s):
  • Provides for the timely repair of concrete infrastructure that has been damaged by the installation of utilities. Con(s):

None Fiscal Impact:

  • The Street Cut Utility Program is an enterprise fund that is funded by fees paid by the four partners participating in the program.
  • The partners will be billed 100% of the repair cost, meaning that the City realizes full cost recovery.
  • With the approval of the requested budget amendment, funding for this contract will be available in the Street Cut Utility Fund operating budget.

Item D · RES 23-106 · Utilities & Infrastructure · Resolution · consent agenda

Resolution authorizing the City Manager to execute a sole source approval for the Aquatic Informatics Water Information Management System/RIO

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

Background:

  • WIMS is a database that compiles all data collected from plant operations and water quality testing. RIO is a build off of WIMS that allows staff to collect the data using mobile devices while in the field.
  • The original contract with Hach Corporation for the WIMS/RIO software was completed in May of 2019 at the cost of $70,730 (this contract was also approved by the IT department).
  • The Water Production division of the Water Resources Department continues to use the software to collect data for monthly reports for State regulators and compile necessary data to monitor water treatment plant processes.
  • Hach transferred ownership and responsibility of the WIMS/RIO software to Aquatic Informatics in July 2022.
  • As staff extend the contract to renew annual subscriptions and technical support fees, Water Resources is reaching the $90,000 mark that requires Council approval.
  • Aquatic Informatics is the sole developer and sole distributor of the WIMS/RIO software solutions. Aquatic Informatics is also the sole provider of Support and Maintenance Agreements (SMA) and Software as a Service (SaaS) subscriptions for WIMS/RIO, which includes access to their 360° Support Portal, software updates/upgrades and technical support.
  • As this is a sole source product, Council approval is required to continue extending the contract of a sole source provider.

Vendor Outreach Efforts:

  • The original contract for the WIMS/RIO software was completed in May of 2019.
  • The outreach and engagement followed the City’s business inclusion processes.
  • Staff followed the required Minority & Women-Business Enterprise outreach plan at that time. Committee(s):
  • N/A Pro(s):
  • Software provides the Water Production Division with a program to store all three water treatment plants data in one place where reports can easily be created.
  • Dashboards with reports and graphics will help determine better treatment options and provide better monitoring of treatment processes. Con(s):
  • If not approved, software will no longer be available to use.
  • Other options are available but start-up of a new program would create higher costs and more work on staff to build a new software platform that is currently working.

Fiscal Impact:

  • Funding for this contract ($9,938 annually) is available in the Water Resources operating budget.

Item E · RES 23-107 / RES 23-108 / RES 23-109 / RES 23-110 / RES 23-111 · Administrative · Resolution · consent agenda

Resolutions authorizing the possession and consumption of alcoholic beverages and/or unfortified wine at five events (Asheville Hola, Independence Day 5k, Ingle's celebration, AIA Summer BBQ, Sanctuary Series)

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Item F · RES 23-112 / ORD 5015 / RES 23-113 / RES 23-114 · Budget & Finance · Resolution · consent agenda

Harrah's Cherokee Center - Asheville consistency in operation and functionality (standardization/sole source purchases and related budget amendment)

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Item G · RES 23-115 · Contracts & Procurement · Resolution · consent agenda

Resolution authorizing the City Manager to enter into a lease agreement with Asheville GreenWorks for a tree nursery on Hardesty Lane

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

Background:

  • The City owns property at 80 Hardesty Lane (9668-31-9966) that consists of approximately 33.48 total acres.
  • This parcel of land is located to the rear of Azalea Park and is used for City purposes.
  • A portion of the property has been leased in the past for an organic farm, but it is currently unoccupied.
  • Asheville Greenworks has proposed a growing area comprising approximately 1.30 +/- acres, where they will plant native trees that will be provided free of charge for public spaces.
  • Asheville Greenworks will also be allowed to temporarily park vehicles in a designated area while tending to their plantings.
  • Approximately 20% of the available trees will be designated for City of Asheville public installations.
  • The exact number and species of trees will be determined by the City Arborist and the Asheville Greenworks Director of Operations on an annual basis.
  • Other available trees that are not needed or requested by the City will be made available for planting on public land owned by Buncombe County, other municipalities in Buncombe County and non-profit organizations.
  • Asheville Greenworks will work with the City Arborist to determine the exact number and type of trees to be planted.
  • Asheville Greenworks will be allowed to construct a shed measuring 8 feet by 8 feet and will be allowed to pump water from an onsite surficial well.
  • The proposed lease area is located near to the Swannanoa River and has flooded in the past. Asheville Greenworks has submitted a protocol that they will follow should the area flood.
  • In exchange for the free native trees, Asheville Greenworks will pay $1.00 per year as a rental fee.
  • The proposed term of the lease is five (5) years with one (1), five (5) year renewal. Committee(s):
  • None Pro(s):
  • Native trees will be available to the City free of charge for use in public spaces. Con(s):
  • The City will not be receiving rental income from this use.

Fiscal Impact:

  • This lease agreement will not significantly impact future use of this property, including any opportunity to generate additional lease revenue.
  • Trees will be available for public installation at no cost to the City.

Item H · RES 23-116 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to sign and approve the update to the City of Asheville Public Transportation Agency Safety Plan

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

Background:

  • On July 19, 2019, the Federal Transit Administration (FTA) adopted a regulation requiring all public transit agencies that receive 5307 Urban Transit Funds to develop Public Transportation Agency Safety Plans (PTASP) by December 31, 2020.
  • The City of Asheville’s PTASP was adopted by the City Council in June 2020 and includes performance measures related to passenger and transit-worker safety, crashes, and maintenance of the transit system.
  • Data on these performance measures is reported in the Monthly Accountability Reports provided by the transit contractor, RATPDev.
  • In November 2021, Congress adopted the Bipartisan Infrastructure Law (BIL) and the Infrastructure Investment and Jobs Act (IIJA), which included additional requirements for PTASPs.
  • The primary new requirement from the BIL was that each public transit agency establish a Safety Committee and that the committee include representatives from management staff and front-line employees.
  • The Safety Committee is intended to work cooperatively and collaboratively to identify potential areas for safety improvements and work to implement those improvements.
  • To comply with the new BIL requirements, the City’s transit contractor, RATPDev, has established the ART Safety Committee, which is meeting regularly, and the City has updated the PTASP to reflect this.
  • The updated PTASP has been reviewed and approved by the ART Safety Committee, as required by the BIL.

Vendor Outreach Efforts:

  • N/A Committee(s):
  • N/A Pro(s):
  • The proposed changes to the PTASP include:
  • The establishment of the ART Safety Committee. The safety committee includes representation from front-line employees.
  • De-escalation training included in front-line employee training.
  • The PTASP document and monitoring of performance measures will be managed by the Transit Planning Division and coordinated with the City’s transit contractor, RATPDev Inc.
  • The PTASP includes the establishment of the ART Safety Committee and includes representatives from management staff and front-line employees.
  • The ART Safety Committee is intended to work cooperatively and collaboratively to identify potential areas for safety improvements and work to implement improvements. Con(s):

None Fiscal Impact:

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

Item I · RES 23-117 · Zoning & Land Use · Resolution · consent agenda

Resolution of intent to close an unopened right-of-way and set the public hearing on June 27, 2023

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

Background:

  • North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys.
  • The statute requires City Council to consider whether the closure of the right-of-way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure.
  • Mike and Emily Sule (26 Sunrise Dr.; PIN 9638-77-3009) have petitioned for this closure on behalf of themselves and neighbors at 30, 34, and 38 Sunrise Drive.
  • The owners wish to permanently close an unopened right-of-way adjacent to 26, 30, 34, and 38 Sunrise Drive; originally platted as “Westview Place” in 1924 and 2005 but was never accepted by the City.
  • The right-of-way will be divided among the four properties and a new plat with appropriate water and Metropolitan Sewerage District easements will be filed. Committee(s):
  • Technical Review Committee, March 20, 2023, unanimously recommended approval.
  • Multimodal Transportation Commission, April 26, 2023, unanimously recommended approval. Pro(s):
  • There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way. Con(s):
  • None.

Fiscal Impact:

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

Item IV-A · Zoning & Land Use · Public hearing

Public hearing to consider approving a Land Use Incentive Grant for 46 Aston Street - continued to June 27, 2023

Passed7–0 · unanimous · Moved by Maggie Ullman, seconded by Sage Turner

All members present voted yes.

Item IV-B · RES 23-125 · Zoning & Land Use · Public hearing

Resolution approving a Land Use Incentive Grant to Commonwealth Development Corporation for 77 affordable housing units at 3124/3130 Sweeten Creek Road

Passed7–0 · unanimous · Moved by Sage Turner, seconded by S. Antanette Mosley

All members present voted yes.

Staff report summary

Affordable Housing Officer Sasha Vrtunski said that this is the consideration of approving a land use incentive grant (LUIG) to Commonwealth Development Corporation for 77 affordable housing units at 3124/3130 Sweeten Creek Road/Fairhaven Summit Apartments. This public hearing was advertised on May 12, 2023. Review:

  • Commonwealth Development Corporation has applied for a Land Use Incentive Grant (LUIG) for their development at Fairhaven Summit per the LUIG Policy adopted by City Council on June 22, 2021.
  • The development consists of 77 rental apartments and community space.
  • Housing represents 100% of all rentable square footage.
  • Of the +/- 77 residential units, 29 rental apartments (20%) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI) for a minimum of 30 years.
  • The project encompasses 7.43 acres of land on Sweeten Creek in South Asheville, currently divided into two parcels known as 3124 and 3130 Sweeten Creek Road and PIN’s 9655-33-0929 and 9655-33-2749.
  • Estimated Tax Value of the property is $12,425,000 million post-completion.
  • The project, as presented to staff, meets the Eligibility Requirements for the LUIG program.
  • As a part of the LUIG program, 50% of the affordable units will accept vouchers, which generally benefit households at 50% AMI or below.
  • When vouchers are utilized, this also opens up units in Public Housing where there are waiting lists.
  • The planned unit mix for affordable units is 15 one bedroom units and 14 two bedroom units.
  • This project was also approved for a $500,000 Housing Trust Fund loan at the April 25, City Council meeting Proposal &

Scoring:

  • Affordable Rental Housing
  • 120 points
  • The proposed project will provide seventy-seven (77) affordable units (100% of the total units) to individuals and families earning an average of at or below 60% AMI
  • The affordability period will be a minimum of 31 years (10 points)
  • 50% of the units will be for low-income families (20 points).
  • Rental Assistance
  • 50 points
  • The proposed project will have 50% of the units accepting vouchers of different kinds.
  • The developer is working with the Housing Authority to provide 20 units for project based vouchers.
  • An additional 12% of units will prioritize households participating in the state of North Carolina’s KEY program, which serves very low- income households with disabilities who are in need of supportive services.
  • Energy Efficiency
  • 5 points
  • The developer has committed to using Energy Efficiency (EE) / Energy Star Certification.
  • Universal Design
  • 10 points
  • The project has committed to using Universal Design for 20% of the units.
  • Building in a Non-Qualified Census Tract (NON QCT)
  • 10 points
  • The developer is building in a NON QCT, where at least 50% of the households have incomes over 60% of the Area Median Gross Income (AMGI) or a poverty rate under 25%. The poverty rate in this Census Tract is 3.5%.
  • Staff has scored the project with 195 points, which qualifies the project for twenty-one (21) years of Land Use Incentive Grant. Committee(s):
  • The Housing and Community Development Committee reviewed this item on April 18, 2023 and voted 3-0 in support of the request.
  • The Policy, HR and Finance Committee reviewed this item on May 9, 2023 and voted 3-0 in support of the request. Pro(s):
  • The proposed project will provide 77 affordable rental housing units to households earning an average of 60% or less of area median income;
  • The proposed project will have an affordability period of thirty (30) years;
  • The proposed project should have a significant economic impact;
  • Construction wages and material purchases will positively affect the local and regional economy;
  • The 77 affordable units are located in South Asheville (walkability score of 36
  • car dependent, bike score of 10
  • somewhat bikeable, minimal bike infrastructure) and provide employment & shopping options for individuals and families who fall within the 0
  • 80% AMI incomes.
  • Commonwealth Development Corporation is working with the Asheville Housing Authority to have 26% of the units be Project based vouchers, which will give priority to current Housing Authority residents with Tenant Mobility Choice vouchers for these units, and after that, other voucher applicants on the waiting list for project based vouchers.
  • 50% of the units are required to participate in NC’s Targeting program, with required notification and lease-up procedures. This program targets individuals enrolled with an approved supportive housing provider who are at risk of (or experiencing) homelessness and who have a disability requiring supportive services. Con(s):
  • Cost estimates are not yet fully developed, and project costs as presented may change as it moves towards development.

Fiscal Impact:

  • The two parcels included in the project have a current tax value of $394,600 and pays city property taxes of approximately $1,590 annually.
  • Under the estimated tax value of $12.43 Million post-completion, the annual city property tax will be approximately $50,072.
  • The difference is $48,482 which would be granted to the property owner annually after payment for 21 years.
  • For 21 years and 77 affordable units at or below and average 60% AMI, the city will grant back a total of $1,018,132 over the 21 years of the LUIG which equals $13,222 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes as noted in the LUIG Policy.
  • After year 21, the City will receive the approximate $50,072 annually in city tax revenue (depending on future property tax increases, etc.). Please note the City will still receive property taxes of approximately $1,590 per year in years 1 -21.
  • The City sets aside a budget annually for Land Use Incentive Grants.
  • Fairhaven Summit has also been approved for a $500,000 Housing Trust Fund loan.

Staff Recommendation:

  • Staff recommends approval of the request. Ms. Vrtunski said the following are the key takeaways from this presentation: (1) LUIG application for Fairhaven Summit, 3124 Sweeten Creek; (2) Low Income Housing Tax Credit Project, 100% affordable, with incomes averaging 58% to 60% AMI; (3) 26% of units (20 apartments) will be set aside for Project Based Vouchers; (4) The project is also bringing other benefits including rental assistance, affordability period of 30 years, energy efficiency, Universal Design and building in a non-QCT; and (5) Project qualifies for 21 years of taxes paid. The project background is (1) The development consists of 77 apartments and community space and amenities for residents; (2) Housing represents 100% of all rentable square footage; (3) The project encompasses 7.43 acres of land on Sweeten Creek Road; (4) The developer estimates a taxable value after construction at $12,425,000; (5) This project was also approved for a $500,000 Housing Trust Fund loan at the April 25, City Council meeting; (6) 26% of units (20 apts) are planned to receive Project-Based Vouchers serving families at or below the 30% AMI level who are currently receiving Housing Choice Vouchers or are on HACA’s voucher applicant waiting list; (7) An additional 12% of units will prioritize households participating in the state of North Carolina’s KEY program, which serves very low- income households with disabilities who are in need of supportive services; and (8) Additional rental assistance programs that will be accepted include, but are not limited to, VASH homeless veteran vouchers, traditional HCV tenant-based vouchers, and tenant support through the local COC programming to enable households experiencing (or at risk of) homelessness to access safe and affordable housing. She then showed a matrix of the unit mix with projected 2023-24 rents and AMI levels. She showed the project location, along with the exterior elevations. The point summary is as follows: 100% of units affordable at or below 80% AMI (90 points); 30 years of affordability (10 points); 50% Low Income (20 points); 50% Rental Assistance (50 points); Energy Efficiency / Energy Star (5 points); Universal Design- 20% of units (10 points); and Building in a non-QCT Census Tract (10 points). Total Points: 195 points = 39 years of taxes granted to owner. The LUIG policy has a maximum of 21 years of payments (105 points). LUIG specifics include (1) The two parcels included in the project have a current tax value of $394,600 and pays city property taxes of approximately $1,590 annually; (2) Under the estimated tax value of $12.43 million post-completion, the annual city property tax will be approximately $50,072; (3) The difference is $48,482 annually which would be granted to the property owner annually after payment for 21 years; (4) For 21 years and 77 affordable units averaging below 60% AMI, the city will grant back a total of $1,018,132 which equals $13,222 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy as noted in the LUIG Policy; (5) After year 21, the City will receive the approximate $50,072 annually in city tax revenue (depending on future property tax increases, etc.). Please note the City will still receive property taxes of approximately $1,590 per year in years 1 -21; (6) With the Housing Trust Fund request, the total subsidy for this project will be $1,518,132 million or $19,716 per unit; and (7) The County’s Affordable Housing Committee recommended approval of $540,000 (in addition to a previous $1 million award) for Fairhaven. The City and County’s investment in this project will be close to equal ($1.5 M each). The Housing & Community Development Committee reviewed and recommended approval of this LUIG on April 25, 2023 with a 3-0 vote. The Policy, Finance & HR Committee reviewed and recommended approval of the LUIG on May 9, 2023 with a 3-0 vote. Staff recommends approval of the Land Use Incentive Grant application for Commonwealth Development Corporation/ Fairhaven Summit at 3124/3130 Sweeten Creek Road. In response to Councilwoman Roney regarding the possible inclusion of solar panels or other renewable energy for the future, Justin Mitchell said that they will be looking at reallocating any remaining contingency funds toward the implementation of solar. Councilwoman Roney also noted that we need to improve transit in south Asheville. Mayor Manheimer opened the public hearing at 5:36 p.m., and when no one spoke, she closed the public hearing at 5:36 p.m. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.

Item J · RES 23-118 / ORD 5016 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to expend and disburse Federal Transit Administration grants apportioned to the Asheville area, and related budget amendment

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Item K · ORD 5017 · Transportation · Ordinance · consent agenda

Ordinance enacting a 15 MPH speed limit on Wells Avenue and a 20 MPH limit on East Street and related speed limits

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

Background:

  • N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its corporate limits.
  • City staff received requests from residents to consider changes to speed limits.
  • SR-3548 (Clingman Avenue/Haywood Road), SR-3412 (Sand Hill Road), and SR-3556 (Meadow Road) are state maintained streets within the city limits.
  • The North Carolina Department of Transportation (NCDOT) conducted a traffic-engineering study for SR-3548 (Clingman Avenue/Haywood Road) and determined that 25 mph would be a more appropriate speed limit.
  • The NCDOT conducted a traffic-engineering study for SR-3412 (Sand Hill Road) from Haywood Road to Wendover Road and determined that 30 mph would be a more appropriate speed limit.
  • SR-3556 (Meadow Road) from Amboy Road to Victoria Road posted speed limit is 35 mph. NCDOT found the 35 mph speed limit to be appropriate and requests municipal concurrence to repeal the recorded 45 mph ordinance.
  • City staff performed traffic-engineering studies along three streets: Wells Avenue, East Street, and Hampden Road.
  • The speed limit on Wells Avenue will be set at 15 miles per hour.
  • The speed limit on East Street will be set at 20 miles per hour.
  • The speed limit on Hampden Road will be set at 25 miles per hour.
  • The Asheville Police Department has reviewed the subject actions and they concur with the speed limit changes.
  • Once the subject action is approved and prior to the installation of appropriate signs on the City-maintained streets, Transportation Department staff will coordinate outreach and public education with the Communication & Public Engagement Department (CAPE) and the Asheville Police Department.
  • The NCDOT will install the appropriate signs on SR-3548 (Clingman Avenue/Haywood Road) and SR-3412 (Sand Hill Road). Committee(s):
  • MMTC
  • April 26, 2023
  • Presented for information. Pro(s):
  • City staff have been able to respond favorably to the public's requests.
  • Provides a more appropriate posted speed limit in residential areas.
  • Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders. Con(s):

None Fiscal Impact:

  • The cost of installing and maintaining speed limit signs is included in the Transportation Department’s operating budget.

Item L · RES 23-119 · Zoning & Land Use · Resolution · consent agenda

Resolution supporting the N.C. Dept. of Transportation in funding, designing, and constructing a right-turn lane and pedestrian improvements

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

Background:

  • GS § 136-189.22 dictates that NCDOT have a High Impact Low Cost Program for intersection improvement projects, minor widening projects, and operational improvement projects and that 48% of the funds appropriated to the Mobility/Modernization Fund shall be used for these projects.
  • The funds are allocated equally among the 14 highway divisions.
  • The intersection of NC 112 (Sardis Road) and SR 3412 (Sand Hill Road) has a history of rear-end crashes and congestion.
  • NCDOT has identified a High Impact Low Cost project to make improvements at the intersection of NC 112 (Sardis Road) and SR 3412 (Sand Hill Road).
  • The scope of work includes pedestrian signals and a crosswalk along the Sand Hill Road approach, a right-turn lane along the westbound Sardis Road approach, relocating a traffic signal pole, sidewalk, and curb and gutter.
  • The total project cost is $485,000 and the work will be completed within the existing right-of-way.
  • Any project that uses High Impact Low Cost program funds and exceeds a total project cost of $250,000 requires a resolution of support from the appropriate local government entity. Committee(s):
  • Multi Modal Transportation Committee
  • April 26, 2023
  • Approved unanimously Pro(s):
  • The subject project will minimize the existing rear-end crash history.
  • The subject project will improve the pedestrian experience as they cross Sand Hill Road.
  • The NCDOT is fully funding the project. Con(s):

None Fiscal Impact:

  • This action requires no City resources and has no direct fiscal impact.
  • The Public Works Department will be responsible for future maintenance of the new sidewalk.

Item M · RES 23-120 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to enter into a contract with Tennoca Construction Company for the Onteora Boulevard sidewalk

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

Background:

  • The 2016 Transportation General Obligation (GO) Bond Referendum included funding for a new sidewalk along Onteora Boulevard.
  • The Onteora Boulevard sidewalk will extend the existing sidewalk near the Lincoln Avenue intersection to Raleigh Rd. an additional .39 miles.
  • Council Resolution 17-264 Authorized the execution of a design contract for a bundle of GO bond funded sidewalk projects, including Onteora Boulevard.
  • Council Resolution 18-60 Authorized the City Manager to apply for and if awarded, accept funding from the French Broad River Metropolitan Planning Organization for sidewalk improvement projects, including Onteora Boulevard.
  • Council Resolution 39-468 authorized changes to the proposed capital budget noting transportation grant funding for Onteora Blvd Sidewalk from the French Broad River Metropolitan Planning Organization.
  • Voluntary easements were acquired from 28 separate parcels of land for the construction of a sidewalk along Onteora Boulevard.
  • Council Resolution 20-2014 authorized the City attorney’s office to condemn a sidewalk easement over real property located at 117 Onteora Boulevard.
  • In February 2023, construction bids were advertised for 45 days, and no bids were received.
  • Because a minimum of three bids are required, the bid was returned unopened.
  • The project was readvertised for bids on March 30, 2023, and received three bids on April 27, 2023.
  • The three bids received were from Swannanoa, NC based AP Development, Inc for $1,358,625; Asheville based NHM Constructors, LLC for $1,130,883.50; and Candler, NC based Tennoca Construction Company for $829,889.

Vendor Outreach Efforts:

  • Due to the federal funding involved in this project, the Federal Disadvantaged Business Enterprises program is being applied.
  • The federally established goal for this project is 4% participation.
  • 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.
  • Tennoca Construction Company, through their outreach efforts is committing to utilizing 9.18% participation utilizing Concrete Specialty Contractors, a DBE/WBE subcontractor. Committee(s):
  • n/a Pro(s):
  • Provides for sidewalk construction in an area with a demonstrated need for safe pedestrian access.
  • Utilizes federal funded grant dollars to maximize the local funding. Con(s):

None Fiscal Impact:

  • Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.
  • NCDOT grant funding will cover 80% of the construction costs for this project.

Item N · RES 23-121 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to execute a contract amendment with Walker Consultants for engineering of various parking facilities

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

Background:

  • The City advertised a Request for Qualifications on October 11, 2022, for facility assessment and engineering professional services for the Parking Garage Capital Improvements Project.
  • An evaluation committee selected Walker Consultants as the most qualified respondent, and the City awarded a contract to Walker Consultants on January 24, 2023.
  • In March 2023, the consultant performed an onsite investigation and assessment of the City’s four parking garages: Harrah’s Cherokee Center, Rankin Avenue, Wall Street and Biltmore Avenue garages.
  • Following an initial analysis of the information collected during the assessment, the consultant submitted a list of immediate-priority repairs.
  • These repairs include reinforcement of structural concrete corbels and repair of steel framing and supports.
  • The services authorized in this amendment will provide the engineered drawings for these repairs.
  • The engineering will take approximately six weeks to complete, after which the advertisement for the construction bid can be issued.

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 encouraging consultants to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
  • Walker Consultants has subcontracted with John J. Clark & Associates, Inc. of Charlotte, NC which is a Minority-Owned Enterprise. Committee(s):
  • None Pro(s):
  • This work is for the safe and beneficial use of City parking facilities by City residents and visitors. Con(s):
  • The project will temporarily impact parking operations, as phased shut-downs of areas of the garages are coordinated during construction, anticipated to start this fall.

Fiscal Impact:

  • Funding for this amendment was previously budgeted and is available in the Parking Services Capital Projects Fund.

Item O · RES 23-122 · Community Programs · Resolution · consent agenda

Resolution amending the 2023 City Council meeting schedule to add a Council retreat follow-up worksession

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

This item was removed from consideration at this meeting. Councilwoman Roney was thankful for the feedback to include live performance in our supportive resolution for LGBTQIA+ community members. She felt it was unfortunate we don’t have consensus to bring it forward today. The draft has been re-drafted several times since February to remove any language that might be controversial. It is, in fact, the most watered down resolution in North Carolina. She hoped that it will come back soon and that we will stand with our neighbors who use drag as expression and artistic form but also recognize the economic impact in our community.

Item Q · RES 23-123 · Community Programs · Resolution · consent agenda

Resolution affirming the right of all North Carolinians to safe and comprehensive reproductive health care

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Staff report summary

Contents of Resolution: “WHEREAS, health care is a fundamental human right, and access to gender-affirming, full-spectrum, and comprehensive reproductive health care, including abortion, contraception, prenatal care, labor and delivery services, and postpartum care, are necessary for overall health and well-being; and WHEREAS, after the United States Supreme Court overturned Roe v Wade in its decision in Dobbs v Jackson Women’s Health Organization, the North Carolina General Assembly passed Senate Bill 20 on a party-line vote which shall limit the rights of women and pregnant people, specifically their bodily autonomy, by prohibiting most abortions after 12 weeks of pregnancy and restricting access to medication abortion after 10 weeks of pregnancy; and WHEREAS, Senate Bill 20 erects new barriers to the provision of health care that are medically unnecessary, such as additional in-person appointments and new clinic requirements; and WHEREAS, the impact of abortion restrictions is predominantly realized by those who already experience disparities in health care, including: people working to make ends meet; Black, Indigenous, and People of Global Majority; people with disabilities; immigrants of all statuses; members of the LGBTQIA+ community; and people who live in rural areas, which medical professionals say will lead to preventable deaths; and WHEREAS, the threat of prosecution against providers, as well as disparities in our criminal legal system, can result in negative outcomes by intimidating people from seeking or providing care, and health care providers have an ethical obligation to provide essential care to their patients. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASHEVILLE THAT: (1) The Asheville City Council hereby affirms its support for the right of all North Carolinians to safe and comprehensive reproductive health care, condemning the criminalization of providing essential health care, including full-spectrum reproductive and gender-affirming health care, and proclaiming that people deserve access to high-quality health care without fear of judgment, harassment, coercion, reprisal, or punishment; and (2) The Asheville City Council commends members of our local delegation for their opposition to this legislation; and for support of Governor Roy Cooper’s decision to veto it, which was overridden allowing the ratified bill to become law on July 1st, 2023.” 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.