City Council regular meeting — January 9, 2024

Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend the conditional zoning ordinance (Ordinance No. 4702) for property located at 141 & 147 S. Bear Creek Road for the purpose of removing a restriction prohibiting drive-through facilities. This public hearing was advertised on December 29, 2023, and January 5, 2024. Project Location and Contacts:

• The project site totals 2.97 acres located at 141 & 147 S. Bear Creek Rd
• Owners: Bear Creek Holdings LLC Summary of

Petition:

• Ordinance No. 4702 was adopted October 9, 2018 rezoning the property located at 141 & 147 S. Bear Creek Rd (formerly known as 511 Brevard Rd) from Highway Business (HB) to Lodging Expansion
• Conditional Zone (LODG EXP-CZ) and Highway Business
• Conditional Zone (HB-CZ).
• The site is designated “Urban Corridor” on the city’s Future Land Use (FLU) Map.
• The purpose of the rezoning was to permit the construction of a 106 room hotel with associated site improvements (surface parking, sidewalks, landscaping, etc.) on approximately 2 acres, and to reserve a one acre parcel to the north for future outparcel development.
• The hotel has since been constructed and is under operation.
• The outparcel remains undeveloped.
• Included in the project conditions for the 2018 conditional zoning was a restriction prohibiting drive-through facilities, prioritizing a pedestrian environment and sidewalk connectivity.
• Condition #12 from the 2018 adopted ordinance reads: 12. Future uses on Lot 2 shall conform to uses permitted in the Highway Business District and comply with all applicable standards as required in the UDO and other technical standards. No drive-throughs will be permitted on Lot 2 [Emphasis].
• Other multi-modal requirements included:
• A new five-foot sidewalk with a five-foot landscape strip shall be constructed along the entire frontage of Lot 1 (hotel) and Lot 2 (outparcel) along S. Bear Creek and Brevard Roads.
• A sidewalk and crosswalk will connect the sidewalk on S. Bear Creek to the hotel building.
• A transit shelter installed at the stop on Brevard Rd.
• A shuttle service to guests.
• A pedestrian signal across S. Bear Creek Rd, pending NCDOT approval.
• Right-of-way to be set aside for a pedestrian crossing on Brevard Rd, pending NCDOT approval.
• A 5-15’ wide greenway easement, pending Buncombe County approval.
• The request for a conditional zoning amendment to remove the drive-through facility was heard by the Planning & Zoning Commission on October 6, 2021 and was unanimously denied. The main concerns expressed by the commission included that there was no site plan proposed to show how a drive-through facility would minimize potential impacts with pedestrians and other uses of Brevard and S. Bear Creek Roads.
• The applicant has proposed a revised site plan showing the new commercial building and drive-through and is requesting that the prohibition of drive-through facilities be lifted on Lot 2. Revised Site Plan
• The revised site plan proposes a new 6,000 s.f. commercial building located on Lot 2 with a drive-through facility.
• Access to the new commercial building is proposed off the project’s internal driveway approximately 50 feet south of S. Bear Creek Road.
• 48 new parking spaces are proposed where 30 spaces are required.
• A new sidewalk connection is proposed between this new building and Brevard Rd, as well as between the new building and the existing hotel building.
• The crosswalk at the project’s driveway off of S. Bear Creek Rd is proposed to be improved to a high-visibility crosswalk. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018)
• The proposed development supports goals in the Living Asheville Comprehensive Plan, including:
• Encourage Responsible Growth
• by providing infill development in targeted growth areas.
• Facilitate Real Estate Development that Maximizes Public Benefit
• by establishing accessible and well-connected commercial nodes.
• The proposed development is partially compatible with the Future Land Use designation of “Urban Corridor”, which is proposed, in part, that “there would be a lot of benefit from refocusing their development and land use patterns, especially including multi-modal access and transit facilities, as well as building and parking placement that enhances the pedestrian experience along and connecting to these corridors, while providing continuity between the urban and town centers to which they link”.

Compatibility Analysis:

• The proposal is generally consistent with the adjacent RB zoning, and with the Buncombe County zoning of Commercial Service. The site is also located near Interstate 40 and controlled access right-of-way where drive-through facilities are commonly located. Committee(s):
• Planning & Zoning Commission (PZC)
• December 6, 2023
• approved (Vote 7:0) with the following conditions: 1) That the crosswalk at the project’s entrance on S. Bear Creek Rd be improved to a high visibility crosswalk; 2) That a pedestrian connection be provided in the form of a sidewalk between the existing hotel and future building on the outparcel; and, 3) That the project make best efforts to minimize potential conflicts between the drive aisles and drive-through queue with pedestrians.

Staff Recommendation:

• Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan and the site plan with sidewalks. Conditions include (1) Future uses on Lot 2 shall conform to uses permitted in the Highway Business District and comply with all applicable standards as required in the UDO and other technical standards. No drive-throughs will be permitted on Lot 2; (2) indicated on the revised site plan, incorporated herein by reference: (a) Access to future uses on Lot 2 will be from the existing driveway to the site; (b) A new, minimum 5’-wide sidewalk will connect Lot 2 to Brevard Rd; (c) A new, minimum 5’-wide sidewalk will connect the existing hotel to Lot 2, with the final location to be agreed upon by the owners of the hotel and future building on Lot 2; and (d) The crosswalk at the project’s entrance on S. Bear Creek Rd be improved to a high visibility crosswalk; and (3) The Project will make best efforts to minimize potential conflicts between the drive aisles and drive-through queue with pedestrians. On December 6, 2023, the Planning & Zoning Commission December 6, 2023, approved the project with conditions. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning amendment. When Councilwoman Ullman asked how does this section fall into our bigger plans for transportation, Mr. Palmquist said that Brevard Road is on the County’s greenway plan and the original condition was to provide an easement to the County. The County is in the process of upgrading their greenway plan. He did acknowledge that Brevard Road is a major transportation corridor and he didn’t know if this parcel is more strategic than any other. Councilwoman Roney recalled when she was in the audience when this was brought to Council in 2018, the concern was the future and how we move as a City forward in general. Her concerns are whether drive throughs are the best for our tax base, for safety, for traffic concerns, and for the ways that people move through this intersection. She was not sure this type of land use is in our best interest and could not support the amendment. In response to Councilwoman Ullman, City Attorney Branham said that City Council’s authority lies in deciding the consistency of the property with adopted area plans, and the reasonableness of the proposal, not in the specific planned activity upon the land. Since this is a conditional zoning, Council can look at the specific plan and determine what, if any, impacts will result from the use, and whether those are not reasonable in terms of how they affect the surrounding area and the community at-large. It would be beyond Council’s authority to say a specific business or business type are unreasonable, but a specific design of a business is within the purview of a land use in the context of a conditional zoning. Mayor Manheimer opened the public hearing at 5:27 p.m. Claudia Nix spoke in opposition to the amendment to the conditional zoning in that she didn’t feel it’s best from a transportation standpoint for a drive-through. Typically drive-throughs have long lines spewing emissions and it’s not good for walkers or bikers. Mayor Manheimer closed the public hearing at 5:30 p.m. Mr. Derek Allen, attorney representing the applicant, said that this is a very much vehicle corridor. He explained why he felt the prohibition on the drive-through was inserted in the conditions in 2018, and it makes less sense now. Since COVID, people do not want to go inside, especially when they are right off of I-40. Vice-Mayor Kilgore said that she travels this road daily and felt this area needs to be activated. In response to Vice-Mayor Kilgore, Mr. Allen said that they are only requesting one drive-through and it is tied to the site plan layout. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Background:

• Environmental permits for the North Fork Spillway and Embankment Improvements project required the City to review and update the WSRP. (Drought Plan)
• The Water Shortage Response Plan is typically enacted when drought conditions exist, and is triggered by specific levels in the source water reservoir(s).
• NC Department of Environmental Quality Division of Water Infrastructure and NC Wildlife Commission have both reviewed and approved this updated version.
• 15A NC Admin. Code 02E .0606 requires the water systems to update the WSRP every five years.
• It has been the practice to seek Council approval if significant changes in the plan have occurred.
• Public Comment was sought through social media posts, Public Input app, and the department’s website.
• On February 14, 2023, City Council adopted Resolution No. 23-21 adopting the WSRP 2022 with the following significant changes to the WSRP 2022:
• Rebalancing of the water treatment plant production levels during the three levels of drought management. Maximizing the water from the Mills River Water Treatment Plant (WTP) to reduce the demand on the Wm. DeBruhl WTP.
• Phase III
• Rate Surcharge (Emergency): Due to highly efficient appliances and plumbing fixture improvements during the past 20 years, the total percentage of water that customers were asked to cut back was reduced from 25% to 15%.
• Implementation of drought triggers were updated.
• Changes to the action levels regarding the probability of drought at a certain time period in the future were made.
• Clarification of the process for less restrictive conservation levels based on lake level increases.
• More stringent penalties for the use of irrigation meters during mandatory and emergency drought conditions.
• Addition of a seamless doc form to request a variance.
• The document clarified that the Director or designees is responsible for all subsequent revisions and the process to follow for full approval and implementation.
• The NC DEQ, Division of Water Resources approved the plan on March 16, 2023.
• City Council passed Resolution #23-21 prior to NC DEQ approval and the resolution did not include reference to N.C. Gen. Stat. sec. 143-355.2(a) and 15A NCAC 02E.0606
• 0607.
• NC DEQ has requested that the City pass a new resolution approving the WRSP 2022 adding the minor revision.
• No other substantive revisions to the Water Shortage Plan 2022 itself have been made since February 14, 2023.

Vendor Outreach Efforts:

• n/a Committee(s):
• n/a Pro(s):
• Complies with NC State Statutes and increases the resilience to provide potable water to customers in times of drought. Con(s):
• n/a

Fiscal Impact:

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

Background:

• NCDOT I-2513 AA and AB projects will provide roadway modifications and improvements along I-40 and I-240 between I-40 exit 44 and the I-40 / I-240 interchange.
• I-2513 AA and AB are two project phases of the NCDOT’s overall I-26 widening effort.
• The City of Asheville owns and maintains municipal water lines within the right-of-way of the project area that will be impacted by the NCDOT improvements.
• These improvements will impact and require relocating approximately 100 feet of 6” waterline along Montgomery St and 705 feet of 24” waterline along Sand Hill Rd.
• As a condition of the installation, operation and maintenance of said waterlines within the NCDOT right-of-way, the City of Asheville Water Resources Department is responsible for 50% of the engineering and construction cost associated with adjustment or relocation of said waterlines should the need arise.
• For the purpose of construction coordination and efficiencies, the City of Asheville Water Resources Department wishes to enter into this Utility Construction Agreement with NCDOT, which allows the waterline utility work to be performed as part of the NCDOT’s construction contract.
• NCDOT has estimated that the cost to the City of Asheville for the relocation and adjustment of municipally owned water lines for this project will be $809,020.98.
• This project will become part of the Water Resources Department’s ongoing Capital Improvement Program.

Vendor Outreach Efforts:

• No vendor outreach was performed for this Municipal Agreement for reimbursement, as it is to provide reimbursement for a NCDOT contract, and they are responsible for all vendor or contractor selection. Committee(s):
• None. Pro(s):
• Execution of the agreement allows the City of Asheville Water Resources Department to meet its obligations to NCDOT for the adjustment or relocation of municipal water lines within the NCDOT right-of-way.
• Execution of the agreement allows the required adjustment or relocation of municipal water lines to be performed under the NCDOT construction contract, which will provide construction efficiencies producing cost savings and allow construction schedules to be met.
• 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. Con(s):
• There are no cons with entering this agreement.

Fiscal Impact:

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

Background:

• Bentley Advanced Infrastructure loT software provides data management and analytics for sensors used in asset condition monitoring on the North Fork Dam.
• Bentley Advanced Infrastructure loT products provide comprehensive management of sensory data for visualization and reporting.
• This information is used to monitor current and changing conditions within the North Fork Dam, and to report any concerns to management.
• The original equipment and sensors were installed in the North Fork Dam as part of the Spillway and Dam Improvement project that was conducted to provide resilience and added safety for the North Fork Dam.
• The company that had provided the equipment and sensors was called Sensemetrics.
• The Water Production division of the Water Resources Department continues to use the software to collect data to monitor the condition and stability of the North Fork Dam.
• Sensemetrics transferred ownership and responsibility of the hardware and software to Bentley Advanced Infrastructure on July 14, 2021.
• To date, a new contract has not been established for the services provided by Bentley Advanced Infrastructure even though services have been provided for 2021 and 2022.
• Bentley Advanced Infrastructure is the sole developer and sole distributor of the loT software solutions.
• Bentley Advanced Infrastructure is also the sole provider of Support and Maintenance Agreements for the loT Software and hardware.
• Other options are available but require new equipment, hardware and software, which would create higher costs and could take multiple years to accomplish, which is not feasible.
• Therefore, staff would like to contract with Bentley outside of normal competitive bidding requirements because standardization and compatibility are the overriding considerations with this contract.
• Staff intends for this contract to be backdated to cover unpaid past costs and to extend for five years into the future, for eight total years.
• Before this contract ends, staff intends to examine whether a different vendor could feasibly offer the same products or services for a future contract.
• Bentley has estimated an annual cost of $8,650 for future years, plus $17,299 for past products and services rendered.
• Staff intends to add a contingency amount for future years to cover potential pricing changes.

Vendor Outreach Efforts:

• None. The City is seeking a standardization and compatibility exemption from competitive bidding, given the challenges with using hardware and software technology and support from any other vendor at present.. Committee(s):
• N/A Pro(s):
• Software provides the Water Production Division with a program to monitor the condition of the North Fork Dam.
• Dashboards with reports and graphics will help monitoring efforts for the North Fork Dam. Con(s):
• There are no cons with this agreement.

Fiscal Impact:

• Funding for this contract ($10,000 annually, including an $8,650 annual estimated cost and a contingency, and $17,299 for past products and services rendered) is available in the Water Resources operating budget.

Background:

• Mills River WTP Miscellaneous Upgrades
• Phase II is a large-scale project that requires the services of an outside consulting engineering firm to ensure the success of the project.
• Aspects of the project include: additional off-stream storage; third wastewater lagoon; additional finished water storage; replacement of several bulk chemical storage tanks and associated equipment; replacement of filter controls; replacement of mixers, flocculators, and various transferring pumps; and updating all lighting for more energy efficiency
• The City has a Master Agreement for On-call Services (09/04/2020) with CDM Smith.
• CDM Smith provided design services for the project and is best suited for performing the construction administration and observation services that will ensure success.
• Bidding for the construction of the Mills River WTP Miscellaneous Plant Improvements
• Phase 2 has begun.
• Construction is anticipated to begin in the summer of 2024.
• This project has a current budget of $10 million, including a $5 million State Revolving Fund (SRF)/ARPA grant.
• Current estimates are that the project will require a total of $20 million to complete, with the additional $10 million likely funded via debt.
• The additional debt needed has been included in rate modeling for the Water Fund.

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 Treatment Projects.
• CDM Smith Inc. 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 CDM Smith Inc. on September 4, 2020 for on-call professional services for Water Distribution and Storage Projects, valid for three years and has been renewed for an additional year on September 4, 2023 with the option to renew for an additional year.
• 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 Treatment Projects was the best method to deliver this project and CDM Smith Inc. was specifically qualified to provide the required engineering services.
• No other vendor outreach was performed. Committee(s):
• n/a Pro(s):
• Construction Administration and Observation Services by CDM Smith will ensure the successful completion of the phase II project.
• The contract will provide guidance to City staff to ensure all requirements of the SRF/ARPA grant are adhered to and provide oversight and guidance on reimbursement from the SRF/ARPA grant. Con(s):
• There are no cons to entering this contract.

Fiscal Impact:

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

Background:

• The City of Asheville (City) Risk Management Division administers the City liability claims program and since 2010, PMA has provided liability claims handling services (Services), including: claims adjusting, record keeping and check issuance.
• In 2018, Services were sought via a Request for Proposals and PMA was the best proposer.
• In 2023, Services were sought via a Request for Proposals and PMA was the best proposer.
• Historically, Services total approximately $25,000 annually but Service contracts are encumbered for $70,000 annually in order to ensure adequate available funds.
• Charges are incurred per claim handling service, which varies annually.
• As a result of seeking multiple years of PMA Service provision, the aggregate value of PMA’s Service contract will exceed $90,000 in Fiscal Year 2025, necessitating City Council authorization.

Vendor Outreach Efforts:

• Funding for this on-going contracted service is provided annually through the City Property & Liability Fund.
• As a result, outreach and engagement for the service followed the City’s Request for Proposals (RFP) and business inclusion processes.
• 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.
• Below are the responses: Proposer City/State of Domicile Estimated Cost to Provide Services Brentwood Services Administrators Brentwood, TN $116,200 Innovative Claims Services Piscataway, NJ No Estimate Provided Johns Eastern Lakewood Ranch, FL $68,175 PMA Management Corporation Blue Bell, PA $42,118 SCA Greenville, SC $65,000 + $200/open claim Tristar Long Beach, CA $86,856 USIS, Inc. Orlando, FL No Estimate Provided Committee(s):
• None. Pro(s):
• Ensures service continuity to support the City liability program. Con(s):
• None.

Fiscal Impact:

• Contracted Services expenses are budgeted within the Property & Liability Fund and adopted with the Fiscal Year 2024 budget. The contract is contingent on budget appropriations in future fiscal years.

Background:

• The City of Asheville (City) Risk Management Division administers the City workers’ compensation program, and since 2012, PMA has provided workers’ compensation claims handling services (Services), including: claims adjusting, record keeping and check issuance.
• In 2018, Services were sought via a Request for Proposals and PMA was the best proposer.
• In 2023, Services were sought via a Request for Proposals and PMA was the best proposer.
• Historically, Services total approximately $36,000 annually but Service contracts are encumbered for $70,000 annually to ensure adequate available funds.
• Charges are incurred per claim handling service, which varies annually.
• As a result of seeking multiple years of PMA Service provision, the aggregate value of PMA’s Service contract will exceed $90,000 in Fiscal Year 2025, necessitating City Council authorization.

Vendor Outreach Efforts:

• Funding for this on-going contracted service is provided annually through the City Workers’ Compensation Fund.
• As a result, outreach and engagement for the service followed the City’s Request for Proposals (RFP) and business inclusion processes.
• 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.
• Below are the responses: Proposer City/State of Domicile Estimated Cost to Provide Services Brentwood Services Administrators Brentwood, TN $116,200 Innovative Claims Services Piscataway, NJ No Estimate Provided Johns Eastern Lakewood Ranch, FL $68,175 PMA Management Corporation Blue Bell, PA $42,118 SCA Greenville, SC $65,000 + $200/open claim Tristar Long Beach, CA $86,856 USIS, Inc. Orlando, FL No Estimate Provided Committee(s):
• None. Pro(s):
• Ensures service continuity to support the City workers’ compensation program. Con(s):
• None.

Fiscal Impact:

• Contracted Services expenses are budgeted within the Workers’ Compensation Fund and adopted with the Fiscal Year 2024 budget. The contract is contingent on budget appropriations in future fiscal years.

Background:

• IPS parking meters were originally purchased in 2017 as part of a continuing effort to improve and enhance customer service.
• A power problem with the solar panels that would not allow the batteries to fully charge was discovered that led the City to begin searching for a new service provider.
• The City of Asheville began transitioning to MacKay parking meters in 2021.
• Supply chain issues have delayed the transition and led to an extended need for IPS parking meter management services.
• There are approximately 450 remaining IPS meters and staff have placed an order with MacKay to replace them.
• While the transition continues, it is necessary for the City to continue to utilize the IPS meters and the backend software provided by IPS to ensure they remain operational while needed.
• Supply chain issues have prolonged the transition, however staff is confident that the full transition will be completed by June 30, 2025.
• The previous contract with IPS expired on June 30, 2023.
• Staff is requesting a contract backdated to July 1, 2023 and extending to June 30, 2025 to cover services rendered since the contract expired and to ensure continued support while the transition to MacKay is completed.

Vendor Outreach Efforts:

• None, this is a current contractor. IPS is both the manufacturer and service provider for the parking meters and has been in place since 2017.
• Staff is requesting exemption from competitive bidding requirements because, for standardization and compatibility reasons, staff will need to continue to contract with IPS to keep meters running during the transition to MacKay. Committee(s):
• None Pro(s):
• Provides the continued use of over 250 meters in the Central Business District. Con(s):
• Cost of running two different meter management systems.

Fiscal Impact:

• Funding for this contract is available in the Parking Services operating budget.

Background:

• The I-26 Connector Project is a transformational $1.35 billion NCDOT construction project.
• City Council approved Resolution No. 23-31 on February 14, 2023 authorizing the City Manager to sign a funding letter of commitment to the NCDOT regarding the city betterments and aesthetics treatments for project sections I-2513B and I-2513D.
• The funding letter of commitment was sent to NCDOT on February 15, 2023.
• At the time the funding letter of commitment was sent, the anticipated cost of the aesthetic treatments was $5,889,024 and the betterments was $1,412,900, for a total of $7,301,924.
• The estimated cost of the aesthetics treatments remains at $5,889,024.
• The estimated cost of the betterments has been adjusted to account for the NCDOT’s complete street policy and a design-build cost factor.
• It is now at $1,129,400, which is $283,500 less than the previous estimate.
• The latest estimate of $1,129,400 will not change.
• The anticipated award date is during February 2024, with construction anticipated to begin in February 2025.
• The City has an interest-free time period of three years from the anticipated start of construction date to pay for the additional construction work.

Vendor Outreach Efforts:

• N/A Committee(s):
• None Pro(s):
• Provides an opportunity for the City to enhance the pedestrian and bicyclist experience by providing wider multi-use transportation paths and sidewalks.
• Provides an opportunity for the City to enhance the aesthetic appeal to a major transformational project that will be constructed by the NCDOT. Con(s):
• Cost of the aesthetics treatments and betterments.

Fiscal Impact:

• The estimated cost of the aesthetics treatments ($5,889,024) is planned in the General Capital Improvement Program (CIP) for FY 2026-27 and is anticipated to be paid to NCDOT in February 2027.
• The estimated cost of the betterments ($1,129,400) was previously budgeted and is available in the General Capital Projects Fund.
• It is anticipated to be paid to NCDOT in February 2028.
• These estimated costs are not subject to change.

Background:

• The City of Asheville has a current contract with Restocon, Inc. for the replacement of the center stairwell in the Harrah’s Cherokee Garage as well as lighting repairs within the garage.
• The center stairwell of the garage has been inaccessible to the public since 2019.
• The project has been delayed due to several factors, including supply chain disruptions, contractor staffing turnover, and complications experienced throughout the design of the replacement stairwell as well as the design and installation of some of the garage’s lighting structural supports.
• Restocon has completed necessary design and permitting to finish the remaining work required to reopen the stairwell.
• This action will provide the additional funding necessary for Restocon to complete construction, have final inspections conducted, open the stairwell, and ultimately close the contract.
• The project is estimated to be completed prior to June 1, 2024.

Vendor Outreach Efforts:

• None, this is a current contract with Restocon, Inc. Committee(s):
• None Pro(s):
• This action will provide the additional funding necessary for Restocon to complete the project, complete final inspections, open the stairwell, and ultimately close the contract with Restocon. Con(s):
• None.

Fiscal Impact:

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

Background:

• The Capital Projects Department is a subrecipient of the City’s Community Development Block Grant (CDBG) award from the U.S. Department of Housing and Urban Development to make improvements to the Stephens-Lee Recreation Center.
• Earlier this year, under the Stephens-Lee Recreation Center Capital Improvements project, grant funds were used to renovate the showers in the second floor restrooms, implement acoustical improvements in the multi-purpose room, alleviate water infiltration into the stairwells and clean and repair the water damaged walls and stairs.
• Remaining contingency funds from the annual CDBG award have been identified, and allocated for additional improvements at the Stephens-Lee Recreation Center.
• The remaining grant funds will be used to complete the renovation of the second floor restrooms, including resized Americans with Disabilities Act (ADA) accessible toilet stalls, new toilet partitions and accessories, new plumbing fixtures, and new floor and wall tile.
• Bid 298-CP24-D2401-BID was advertised on December 11, 2023.
• Bids were due on December 29, 2023, and the following bids were received:
• J. Bartholomew Construction, LLC of Hendersonville, NC $121,500
• Carolina Cornerstone Construction, Inc. of Asheville, NC $154,634
• Haynes Industrial of Asheville, NC $177,109
• Patton Construction Group, Inc. of Asheville, NC $163,500
• J. Bartholomew Construction, LLC was deemed to be the lowest responsive and responsible bid.

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.
• Staff also performed outreach to Section 3 low- and very low-income businesses, and required bidders to do the same.
• A woman-owned subcontractor, Noble Specialties of Weaverville, NC, submitted a bid with this prime contractor. Committee(s):
• None Pro(s):
• This project is fully funded by federal grant dollars.
• The terms of the grant funding require efforts to include neighborhood businesses and workers in the project to maximize the localized benefits of the federal dollars.
• The improvements will improve the function and enjoyment of the recreation facilities, and will extend the useful life of the building. Con(s):

None Fiscal Impact:

• Funding for this contract was previously budgeted and is available in the Community Development Block Grant (CDBG) Fund.
• The project is entirely funded by a federal grant, with no additional City resources required.

Background:

• Buncombe County currently bills and collects City property taxes
• At the August 22, 2023, meeting, City Council approved an addendum to the existing tax collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act.
• As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners.
• City of Asheville refunds and releases are provided to City Council. Pro(s):
• Ensures compliance with provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. Con(s):

None Fiscal Impact:

• None.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Affordable Housing Advisory Committee. Shantelle Simpson has resigned from the Affordable Housing Advisory Committee, thus leaving an unexpired term until September 1, 2026. The following individuals applied for the vacancy: Tod Leaven, Jen Hampton, Daran Smith, Greg Borom Christina Maimone, Alvarez Abernathy, Zalika McDaniel, Bill Hume and Jonathan Brown. The Chair of the Affordable Housing Advisory Committee recommended, and the Boards & Commissions Committee concur, to appoint Alvarez Abernathy.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Alcoholic Beverage Control Board.. On January 12, 2021, Robin Cape was appointed a member on the Alcoholic Beverage Control (ABC) Board with her term expiring on November 13, 2023. On October 11, 2022, by

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Board of Adjustment. The terms of Paul Wilcyznski (regular), Suzanne Godsey (regular), John Michael Kledis (alternate), David Angelus (alternate), Wendy Tabb (alternate) and Annette Wise (alternate) expire on January 21, 2024. In addition, Andrew Garrard (alternate) has resigned, thus leaving an unexpired alternate seat until January 21, 2025. Staff will be working to revise the ordinance membership to comply with State law. The following individuals applied for the vacancy: Jillian Ballard and John Michael Kledis. The Chair of the Board of Adjustment recommended, and the Boards & Commissions Committee concur, to reappoint Susan Godsey (regular member), reappoint John Michael Kledis (regular member), reappoint Annette Wise (alternate member) and appoint Jillian Ballard (alternate member).

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Design Review Committee. The terms of Steven Lee Johnson (serving as one of the Downtown Commission seats), Michael McDonough (at large member), and Bryan Moffitt (serving as one of the Downtown Commission seats) expired on December 31, 2023. Mr. Johnson is serving as one of the Downtown Commission seats; however, his term on the Downtown Commission expires and he is not eligible for reappointment to that Commission. Therefore, he is not eligible to be reappointed to the Design Review Committee as the Downtown Commision representative. The Chair and staff of the Design Review Committee recommend (1) moving Ricardo Seijo from the at-large member on the Design Review Committee to serve as the Downtown Commission representative on the Design Review Committee; (2) reappointing Bryan Moffitt as a Downtown Commission representative on the Design Review Committee; (3) reappointing Michael McDonough as an at-large representative on the Design Review Committee; and (4) appointing Steven Lee Johnson as an at-large representative (formerly filled by Ricardo Seijo) on the Design Review Committee. The following individuals applied for the vacancy: Christopher Mansfield, N. Astrid Hoffman, John-Michael Henson, Ryan Taylor and Jessica Christian.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Downtown Commission. The terms of Andrew Fletcher, Steven Lee Johnson and Nur Edwards (moved outside City limits), expired on December 31, 2023. The following individuals applied for the vacancy: Ben Gladstone, Tom Hunter, Billy Cooney, David Moritz, Douglas Buchalter, Chad Roberson, Clarissa Hyatt-Zack, Stu Helm, Byron Greiner, Abigail Griffin, Michael Fulbright, Hayden Plemmons, Christina Maimone, Colin McBeath and Bill Hume. The Chair of the Downtown Commission recommended reappointment of Nur Edwards and appointment of Ben Gladstone and Stu Helms. It was the consensus Boards & Commissions Committee to reappoint Nur Edwards and appoint Stu Helms and Billy Cooney.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Human Relations Commission. Jack Hoda has resigned as a member of the Human Relations Commission, thus leaving an unexpired term until June 1, 2025. The following individuals applied for the vacancy: David Shaw, Robyn Hite, Andy Bobowski, Willa Grant, Danie Johnson, Alena Kimas and Bethany Vance. The Chair of the Human Relations Commission recommended, and the Boards & Commissions Committee concur, to appoint Andy Bobowski.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Public Art & Culture Commission. The terms of Andrew Fletcher and Marsha Almodovar as members on the Public Art & Culture Commission, expired on June 30, 2023. The following individuals applied for the vacancies: Paul Tay, Kevin King, Jennifer Maer, Alexandria Monque Ravenel, Charlie Huguenard and Rachel Hanson. The staff liaison and the Chair of the Public Art & Culture Commission recommend appointing Alexandria Monique Ravenel and Rachel Hanson.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Community Reparations Commission.. Dr. Tamarie Macon resigned as a member on the Community Reparations Commission. Staff of the Community Reparations Commission recommended, and the Boards & Commissions Committee concur, to appoint alternate Osondu McPeters (currently alternate member). Staff does not recommend replacing the alternate member as it is too far into the reparations process.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Sustainability Advisory Committee. The terms of Tim Ormond and Steven Baron, as members on the Sustainability Advisory Committee, expired on December 31, 2023. The following individuals applied for the vacancy: Sophie Loeb, Anna Alsobrook, Tod Leaven, Mimi Gordon, Lindsay Parpart, Russ Thacher, Lin Orndorf, Daniel Ratner and Bill Hume. The Chair of the Sustainability Advisory Committee recommended, and the Boards & Commissions Committee concur, to reappoint Tim Ormond and Steven Baron.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Urban Forestry Commission. The terms of Cecil Bothwell, Sharon Sumrall and Karen MacNeil, as members of the Urban Forestry Commission, expired on December 31, 2023. The following individuals applied for the vacancy: Lyda Karrh, Kelly Carlson, Phaedra Xanthos, Jennifer Abla, Scott Alba, John-Michael Henson, Patricia Grace and Susan Loftis. The Chair of the Urban Forestry Commission recommended to reappoint Karen MacNeil and appoint Scott Alba, Patricia Grace or John-Michael Henson. It was the consensus of the Boards & Commissions Committee to reappoint Karen MacNeil and appoint Patricia Grace and John-Michael Henson.