City Council regular meeting — February 13, 2024

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Metropolitan Sewerage District (MSD) Board of Directors. The term of Gwen Wisler expired on January 19, 2024. The following individuals applied for the vacancy: Vice-Mayor Kilgore, Councilwoman Mosley and Councilwoman Smith.

Background:

• This project helps address conditions to provide safe park conditions at West Asheville Park & Martin L. King Jr. Park.
• The project scope includes removal of the existing backstops, and the installation of new chain link fence and posts to the current standards established by the Parks & Recreation Department.
• This construction phase is anticipated to begin in spring 2024 after the baseball season.
• Bids were initially advertised on December 4, 2023.
• Bids received are as follows:
• Asheville Fence Contractors, Candler, NC $103,712.13
• Greybeard Fencing, Asheville, NC $169,162.00
• Asheville Fence Contractors, Inc. of Candler, NC, a woman owned business, is the apparent lowest responsive, responsible bidder.

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 and direct outreach to 1 general contractor currently doing business with the City.
• Direct outreach was to the following MWBE owned general contracting firm:
• Asheville Fence Committee(s):
• None Pro(s):
• The current ballfield backstop fencing at Martin L. King Jr. and West Asheville Parks has exceeded its useful life and is in need of replacement.
• This project addresses issues related to health, safety, and welfare of park users at Martin L. King Jr. Park and West Asheville Park playing sports on the existing diamond ballfields.
• These fields see a heavy use of play during the spring, summer and fall by youth baseball and adult softball leagues. Con(s):
• Construction may impact athletic programming during construction.

Fiscal Impact:

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

Background:

• The William DeBruhl WtP is one of the three City of Asheville water treatment plants that supply drinking water for the City of Asheville’s water distribution system.
• The William DeBruhl WTP is a direct filtration water treatment plant that treats water from the Bee Tree Reservoir. As part of the water treatment process, the William DeBruhl WTP uses sodium hypochlorite, sodium hydroxide, zinc orthophosphate, sodium bicarbonate, fluoride, and polyaluminum chloride, to treat the water for customers.
• The use of these water treatment chemicals require onsite storage at the William DeBruhl WTP to allow treatment to continue 24 hours per day, 7 days per week, and 365 days per year.
• Both the William DeBruhl WTP fluoride and sodium hypochlorite bulk chemical tanks are nearing the point of failure due to age and use.
• Currently the William DeBruhl WTP needs to replace (1) sodium hypochlorite tank and (1) fluoride tank to continue to provide core services and to continue to treat drinking water.
• The William DeBruhl WTP also needs to add a new bulk storage tank to hold and store a new coagulant product, which will be beneficial to the treatment process.
• The proposed project will help develop the specifications needed for the replacement of the sodium hypochlorite tank and the fluoride tank, as well as provide analysis of the specifications and location for the new coagulant tank.
• If not approved, it will limit the ability of the William DeBruhl WTP and the City of Asheville Water Resources Department to provide high quality drinking water to the City of Asheville’s water distribution system

Vendor Outreach Efforts:

• GHD Engineering was chosen from the City of Asheville’s Water Resources Department’s Master On-Call Engineering list to provide professional engineering services for this project..
• The Master On-Call Engineering Services list was developed through a competitive process.
• No further outreach was undertaken. Committee(s):
• N/A Pro(s):
• Maintains the ability of the William DeBruhl WTP to continue to provide core services for our customers.
• Maintains the ability of the William DeBruhl WTP to treat drinking water for the City of Asheville’s water distribution system. Con(s):
• There are no cons with entering into this contract.

Fiscal Impact:

• Funding for this contract, estimated at $145,000, is available in the Water Resources operating budget.

Background:

• In 2014, City Council executed Resolution 14-27 adopting a waste reduction goal of 50 percent by 2035.
• The goal of this grant application is to increase awareness and drive education around how to ‘Recycle Right’ in order to reduce contamination in the recycling stream and improve, protect, and preserve our recycling program.
• Educating Asheville residents and businesses about what can go in their recycling carts will help to reduce contamination, reduce Material Recovery Facility (MRF) disposal tonnages and costs, ensure that our MRF has marketable commodities, and support the long-term viability of our recycling program.
• Grant funds will be used to purchase outreach and educational materials and to fund an educational media campaign.
• The City’s contracted Material Recovery Facility, Curbside Management, supports the development and implementation of this recycling outreach campaign.
• Internal COA departments that are supporting this campaign include the Office of Sustainability and the Communications and Public Engagement team (CAPE).

Vendor Outreach Efforts:

• N/A Committee(s):
• N/A Pro(s):
• Increase recycling contamination awareness with City residents and businesses to help decrease contamination rates
• Deliver a clean stream of recyclables to our contracted Material Recovery Facility (MRF), Curbside Management, and help reduce MRF disposal tonnages and associated costs
• Funds to help develop and implement an educational recycling outreach campaign through printed materials and media outlets Con(s):
• None

Fiscal Impact:

• If the grant is awarded, the City is required to provide 20% of the grant amount in matching funds (up to $10,000).
• If awarded, matching funds will be included in the Public Works Department FY 2024-25 Proposed Budget.

Background:

• The LUIG program was created in 2011 to incentivize the inclusion of affordable units at 80% AMI in projects that otherwise would have only offered market-rate rents.
• The LUIG Policy was not originally designed to produce units for lower-income residents (50% AMI or less) without additional funding layers like vouchers or other sources.
• Over time the policy has been revised, increasing the percentage of affordable units required (from 10% to 20%), extending the length of the affordability period (from 10 years to 20 years), and adding in a requirement for voucher acceptance (50% of affordable units) to help serve those at 60% AMI and below.
• In October 2019, the application scoring point structure was revised to make the longer affordability periods and higher numbers of affordable units more feasible for developers.
• Between 2010
• 2019, there were six (6) LUIG grants approved, and between Oct. 2019
• 2023 there were twelve (12) LUIG grants approved.
• Since 2019, the City has committed up to $21 million in grants to support 414 affordable housing units in market-rate projects.
• Questions and concerns regarding the effectiveness of the program and whether it is furthering equity have been raised by the City Council over the past year.
• Staff is requesting a pause in accepting applications while the Affordable Housing Plan consultant evaluates the program and makes recommendations for the future of LUIG.
• In the interim, staff will continue to work with developers who have applied for Housing Trust Fund loans, permitting fee rebates, and federal Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds. Affordable Housing Plan
• The City is currently working with Enterprise Community Partners on an Affordable Housing Plan.
• Updates to the Affordable Housing Plan will include recommendations on the City’s affordable housing incentives, including LUIG and the Housing Trust Fund in the broader context of Asheville’s housing ecosystem.
• Enterprise was selected partly because of their commitment to centering equity in their recommendations.
• Research and plan development is currently underway, and staff expects to have recommendations from Enterprise ready for presentation to the City Council by May 2024. Timeline for Policy Review
• Enterprise is projected to complete their evaluation of the LUIG Policy by the end of February 2024.
• Draft policy recommendations will then be shared with the community in March.
• Community and stakeholder feedback on the draft recommendations will occur in March/April.
• If the plan recommends revising the LUIG Policy, staff would then be able to bring a revised policy forward in May/June with reviews by the Affordable Housing Advisory Committee (AHAC); Housing & Community Development Committee; and Policy, Finance & Human Resources Committee before coming to the City Council for review and a vote. Council Goals
• Quality Affordable Housing
• An Equitable and Diverse Community Committees
• AHAC met on January 4, 2024, and decided not to vote on the recommendation. There were several concerns about the pause indicating to the public and the development community that the City was reducing its commitment to affordable housing. Some members expressed that as long as it was clearly communicated when a decision would be made, the pause is reasonable.
• HCD is considering this item at their meeting on February 12, 2024 (rescheduled from January).
• The Policy, Finance & HR Committee is considering this item at their meeting on February 13, 2024. Pro(s):
• Allows time to evaluate LUIG Policy within the context of all City Affordable Housing programs before any further City investments are made under the LUIG program. Con(s):
• There may be some residential development applications coming forward in the next few months that could potentially apply for a LUIG. Staff does not have any applications in the queue at this time.

Fiscal Impact:

• No LUIG proposals would come to the City Council over the next 5-6 months; resulting in no new fiscal commitments associated with LUIG. Staff Recommendation
• Staff recommends approval of a resolution to pause acceptance of LUIG applications until the Affordable Housing Plan can recommend a course of action for the LUIG program based on an evaluation.

Background:

• City Council approved Bryson Investment Group LLC’s Housing Trust Fund loan of $1,200,000 for the Pineview Place Condominiums on December 8, 2020, Resolution 20-237.
• The award was to develop twelve affordable for-sale condominium homes at Arline Henry Way, PIN 9638-52-5112.
• The owner/developer has stated that they are unable to complete the project due to rising construction costs associated with the pandemic.
• The owners have since subdivided the property into three parcels and have been permitted for two single-family homes. These units are currently under construction.
• The developer will need to reapply to receive a loan from the Housing Trust Fund for a project on this land or any future development.
• Bryson Investment Group LLC has not pursued the development of the project and no formal agreements or payments were issued. It is generally expected that loan closings will happen within the year of approval by the City Council.
• Staff is initiating this rescission and the developer is aware of this action. If approved, the $1,200,000 of funding would revert to the Housing Trust Fund balance for reallocation to future projects. Committee(s):
• Housing and Community Development Committee (HCD)
• 2/12/24 Pro(s):
• Funds will be reallocated to the Housing Trust Fund balance for future use. Con(s):
• None noted.

Fiscal Impact:

• No payments have been made to Bryson Investment Group LLC.
• If the grant is rescinded, the $1,200,000 originally awarded to Bryson Investment Group LLC would be available to fund other projects applying for funding via the Housing Trust Fund.

https://drive.google.com/file/d/10DXGP2FjHpuzCdoSwDzm3X_foh5B4QSV/view?usp=sharing https://drive.google.com/file/d/10DXGP2FjHpuzCdoSwDzm3X_foh5B4QSV/view?usp=sharing Background:

• The Murphy Oakley playground is currently under construction and will provide an inclusive playground experience upon construction completion.
• To improve playground safety at this facility, several Sweet Gum trees have been removed.
• These trees were removed because they present a slip and fall hazard.
• New trees have been planted which will provide shade to the playground in the future.
• Shade structures are needed at the playground given that it will take several years for the trees to mature.
• The expected opening date of the playground, which will include the installation of the new shade structures, is May 2024.

Vendor Outreach Efforts:

• The equipment is being purchased through a cooperative purchasing group, which competitively solicits the product and services.
• Indicate outreach efforts
• Staff performed outreach to minority and women owned businesses through the Co-Operative Purchasing System solicitation process.
• There are no known shade manufacturers offered by a minority business. Committee(s):
• None Pro(s):
• Two shade structures will be installed over the play equipment at Murphy Oakley Playground which will provide users with valuable shade and give the newly planted trees time to mature. Con(s):
• Parks Asset Management will need to remove the shade fabric each winter.

Fiscal Impact:

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

Background:

• Parking Services currently has two parking meter providers, IPS and MacKay.
• Parking Services is in the process of transitioning all parking meters to MacKay as the preferred vendor for the following reasons:
• MacKay provides both single space and double space meter-heads, which reduces the number of meters to be installed and reduces sidewalk “clutter,”
• More user-friendly interface for customers, and
• Higher-quality solar battery system with backup.
• Each parking meter system utilizes its own back-end software to run the meters, process payments, track revenues, etc. Therefore, it is necessary for the City to have a service agreement in place with both vendors while the transition to MacKay meters takes place.
• At the January 9, 2024 City Council meeting, the IPS service agreement contract was authorized by the City Council in order to continue to provide service for the remaining IPS parking meters during the remainder of the City’s transition from IPS to MacKay.
• This action will amend the existing service contract with MacKay to:
• Extend the life of the service contract for an additional three years, plus two additional 1-year renewal options, for a potential total of 5 years; and
• Add the 296 MacKay meters that Parking Services has already purchased through the National Cooperative Purchasing Alliance/Omnia Partners program to the existing service contract.
• The 296 MacKay meters that were ordered previously to complete the transition are expected to be delivered to the City in mid-February. Staff will immediately begin removing the remaining IPS meters and replacing them with MacKay meters following the delivery.
• As IPS meters are removed and replaced by MacKay meters, the IPS meters will be removed from the IPS service and expenses for the IPS service contract will go down accordingly until all IPS meters are replaced.

Vendor Outreach Efforts:

• This is a current contract. MacKay Meters, Inc is both the manufacturer and technical support provider for the MacKay parking meters that currently are in use.
• The original/current contract was procured through the National Cooperative Purchasing Alliance/Omnia Partners program, which was awarded competitively via a nationwide selection process. Committee(s):
• None Pro(s):
• This action will allow Parking Services staff to continue to utilize the back-end software that runs the MacKay parking meters, processes payments, and tracks revenue.
• This action will allow Parking Services to add the additional MacKay parking meters that have already been purchased to the service contract and streamline the transition to all MacKay parking meters in downtown. Con(s):
• None

Fiscal Impact:

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

Background:

• The City’s adopted Fiscal Year 2023-24 Operating Budget included funding to prepare a Comprehensive Operational Assessment of the Transportation Department’s Parking Services Division.
• The scope of work for the assessment includes analysis of existing and historical data related to all aspects of Parking Services operations including the organizational structure, staffing levels, parking utilization, revenues and expenses, rates and fee structures, equity, opportunities for improved parking facility and curb space management, and opportunities for service expansion and revenue capture.
• The assessment, which is projected to be completed in late summer 2024, will serve as a complement to the recently completed Parking Garage Maintenance and Engineering Assessment that reviewed the infrastructure maintenance and investment needs for the City’s four parking structures.
• The result of the assessment will be a clear set of recommendations on how to best structure and staff the division, provide a high level of customer service, provide flexible, equitable, and varying permit and fee options for customers, provide strategies for potential expansion of services, and provide an implementation schedule tied to capacity and financial sustainability.

Vendor Outreach Efforts:

• Funding for this project is provided through the Parking Services Fund budget. As a result, the outreach and engagement followed the City’s business inclusion processes. This process requires, at a minimum, staff outreach to businesses that have a documented contracting disparity directly and/or through prime contractors.
• Staff performed a solicitation process which included advertising Requests for Proposals (RFP) on the North Carolina Historically Underutilized Businesses (HUB) website.
• Three proposals were received in response to the RFP. One of the proposals did not provide the required ABI documents in their proposal and was therefore disqualified from the process.
• One of the two other proposals submitted was from Dixon Resources Unlimited, which is a certified woman-owned business, certified small business, and certified disadvantaged business in California and several other states. Dixon is not currently a registered MWBE or HUB business in the state of North Carolina, though their North Carolina application is in process and being reviewed by NCDOT.
• An ad-hoc Selection Committee was formed to select the most qualified firm and included members from several internal City departments, including Transportation, Finance, Planning and Urban Design, and Community and Public Engagement.
• The selection committee selected Dixon Resources Unlimited, Inc. for the contract. Committee(s):
• N/A Pro(s):
• Approving the contract will allow the City to conduct a Comprehensive Operational Assessment of the Parking Services Division.
• This study will provide a clear set of recommendations on how to best structure and staff the division, provide a high level of customer service, provide flexible, equitable, and varying permit and fee options for customers, provide strategies for potential expansion of services, and an implementation schedule tied to capacity and financial sustainability. Con(s):
• N/A

Fiscal Impact:

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

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 for December 2023 are included in the document. 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.

Suggested Motion:

• Motion to adopt City of Asheville property tax refunds and releases for the month of December 2023.

Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none. 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.

Urban Planner Clay Mitchell said that this is the consideration of an ordinance to conditionally zone 492 Sardis Road from Commercial Industrial District to Commercial Expansion

• Conditional Zone. This public hearing was advertised on February 2 and 9, 2024. Project Location and

Contacts:

• The project site totals 2.33 acres located at 492 Sardis Road (PIN 9617-81-4946)
• Owner: Debruhl’s Used Cars, Inc. Summary of Petition: Project Site
• The project site is triangular in shape with frontage on Sardis Road and is currently undeveloped and consists of one parcel totaling 2.33 acres, of which 2.24 acres will be disturbed by development. The proposed project shows 1.10 acres of open space.
• The property is currently zoned Commercial Industrial (CI) and abuts CI-zoned land in Asheville. Land across Sardis is outside of Asheville in Buncombe County and zoned Public Service District (PS) and Employment District (EMP).
• The project is requesting a conditional zoning to Commercial Expansion CZ due to the building shown as being in excess of 100,000 s.f. in gross floor area.
• The proposed building has a GFA of 109,044 s.f.
• The Living Asheville Comprehensive Plan designates the Future Land Use of the project site as “Industrial / Manufacturing”. Overall Project Proposal
• The petitioner is seeking a rezoning of the parcel at 492 Sardis Road from Commercial Industrial (CI) to Commercial Expansion
• Conditional Zone (COM EXP-CZ) in order to construct a building in excess of 100,000 s.f. GFA to house internal self-storage units, office space for the same use, and associated surface parking and stormwater infrastructure. Site Layout and Design
• Setbacks, impervious limitations and building height are all compliant with the COM EXP
• CZ district.
• The project includes a jurisdictional stream and shows compliant setbacks.
• The building includes four stories of self-storage units (approximately 800 storage units in total), a ground-floor entrance with 800 s.f. of office space, access doors to units on the south and west side with two dedicated loading areas for internal access.
• The parking is located to the side of the building with a large bioretention cell and open space between the parking and the roadway. Access, Sidewalks and Parking
• Access is shown at the intersection of Sand Hill Road and is scheduled for NCDOT access permit and review and City approval at Final TRC.
• Sidewalks are proposed at 5 feet in width along frontage and internal to the site. A technical modification from the required widths of 10 feet width along the road frontage and 8 feet internal to the site is proposed.
• Parking includes 13 total spaces (1 accessible) and the required amount of bicycle parking. Landscaping / Open Space / Tree Canopy
• Open space is shown at 1.10 acres, meeting the requirement. No landscape property buffers are required for the property.
• Required street tree, street buffers, building impact, vehicle use area landscaping are all shown and compliant. The locations are generously spread throughout the site.
• The project is located in the Suburban Resource Management District. Tree canopy protection requires “Class C” compliance. Technical Modifications
• The project is seeking technical modifications to development standards through the conditional zoning process including:
• Reduction of sidewalk width internal to the site to 5 foot minimum width to connect the principal use where 8 feet is required.
• Modification of sidewalk width and standards for street frontage from 10 foot width sidewalks to 5 foot wide sidewalks with a variable width (5
• 7 feet) planting strip between the edge of road pavement and the sidewalk. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018)
• The proposed rezoning supports the theme of Resilient Economy by implementing the following goal in the Living Asheville Comprehensive Plan, including:
• Facilitate Real Estate Development that Maximises Public Benefit
• by providing for commercial uses and services outside of identified growth areas, preserving these growth areas for walkable and mixed-use development.
• The proposed rezoning supports the theme of A Livable Built Environment by implementing the following goal in the Living Asheville Comprehensive Plan, including:
• Make Streets More Walkable, Comfortable and Connected by adding pedestrian infrastructure at street crossings on major streets and where there are high volumes of traffic and pedestrians and eliminating gaps in the city-wide sidewalk network, especially where sidewalks tie in to greenways.
• The proposed rezoning is compatible with the Future Land Use designation of “Industrial / Manufacturing” which describes areas where “[t]his future land use type may require some separation from other more sensitive areas of the community but generally can be appropriate neighbors to other commercial uses or in mixed-use areas.”.

Compatibility Analysis:

• The proposed self-storage facility is compatible with the surrounding land uses, including:
• Multiple scales of commercial/industrial sites and uses located along Sardis Road and Sand Hill Road area including other warehousing and storage facilities.
• Vehicle sales abutting the property to the east.
• With respect to the neighboring educational facilities, staff finds that the low vehicle traffic counts from the project will minimize safety concerns from vehicles to the neighboring schools in place of other high-traffic uses (Enka Intermediate School and the Franklin School of Innovation). Committee(s):
• Technical Review Committee (TRC)
• November 26, 2023
• approved with conditions.
• Planning and Zoning Commission (PZC)
• January 3, 2024
• approved (Vote 5:0).

Staff Recommendation:

• Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Mitchell reviewed the existing and proposed zoning, the aerial imagery, location map, and the future land use map. About the site plan, (1) One building with a gross floor area of 109,044 s.f.; (2) 11 parking spaces with 2 accessible at the front door, bicycle parking is shown at entrance area; (3) Access doors and two dedicated loading areas on western and southern side of building; (4) Access at intersection of Sand Hill and Sardis Road; (5) Sidewalks internal and along Sardis Road are shown; and (6) COM EXP requires 10’ width on street frontage and 8’ internal connecting to use. Modification requested. Regarding the open space and landscape plans, (1) Vehicle use area, street buffer and building impact landscaping are all shown and compliant; (2) Open Space typology and area shown and compliant; (3) Tree Canopy protection shown and compliant; and (4) Recordable plans to be reviewed and submitted. He then showed the building elevations, along with the following conditions and technical modifications: (1) Applicant has been asked to investigate renewable energy options as part of City/County goals for 100% renewable energy by 2042; (2) Applicant proposes condition to make good faith efforts to contract with small and minority firms as well as women’s business enterprises reflecting existing corporate policy; and (3) Sidewalk width only technical modification (a) Seeking 5’ width along street frontage with planting strip and 5 5’ width internal to the site; and (b) COM EXP CZ requires 10 width along roadways and 8 foot internal.He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission voted unanimously to approve the project. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. In response to Councilwoman Roney, Mr. Mitchell said that the City has multiple landscaping and tree requirements. The applicant is meeting the full tree canopy protection area along the western edge of the property. Mayor Manheimer opened the public hearing at 5:38 p.m., and when no one spoke, she closed the public hearing at 5:38 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Downtown Commission. The term of Nur Edwards (moved outside City limits), expired on December 31, 2023. The following individuals applied for the vacancy: Ben Gladstone, Tom Hunter, David Moritz, Douglas Buchalter, Chad Roberson, Clarissa Hyatt-Zack, Byron Greiner, Abigail Griffin, Michael Fulbright, Hayden Plemmons, Christina Maimone, Colin McBeath and Bill Hume. At the January 9, 2024, City Council meeting, it was the consensus of City Council to postpone the appointment for the seat currently held by Nur Edwards.