Asheville City Council recorded 36 votes at its regular meeting on August 27, 2024; none drew a no vote. Most items concerned Zoning & Land Use, Administrative and Contracts & Procurement.
Voting: Sandra Kilgore, Esther E. Manheimer, S. Antanette Mosley, Kim Roney, Sage Turner, Maggie Ullman. Absent: Sheneika Smith.
36recorded votes
0split votes
0failed
1members absent
All votes
Item II-A · Budget & Finance · consent agenda
Approval of the combined minutes of the agenda briefing worksession held on July 18, 2024, and the formal meeting held on July 23, 2024
Passed6–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner
The Fleet Management Division of the Public Works Department maintains over 1,000 City owned vehicles and pieces of equipment.
Contracted work is used to supplement existing staff resources at times of high demand or to provide services where the Fleet Division does not have suitable facilities or resources (e.g., paint shop, etc.).
Council approved Resolution 24-46 on February 27th, 2024 to enter into a contract based on Request for Proposals (298-RFP-FleetLDBodyWork-24) advertised in December 2023.
East Coast Truck Shop was awarded the contract effective 3/15/2024.
The original Contract amount for the initial (1) one year term to be $100,000 with a total not-to -exceed contract amount of $300,000 for all 3 years (if both optional renewals are exercised).
Need for Light Duty Body and Paint Repair services has exceeded Fleet expectations.
Since Contract 92400371 went into effect on March 15th, 2024, Fleet has expended approximately $85,000.00 of the predicted $100,000.00 needed for the initial one year term.
A contract amendment is needed in the amount of an additional $150,000 per year, bringing the total not-to-exceed amount to $250,000 per year, for a total of $750,000 for all 3 years if both optional renewals are exercised.
This contract allows Fleet to quickly and efficiently obtain estimates and repairs for accident damaged vehicles and maintains an on-call contract for light duty body work.
Vendor Outreach Efforts:
The RFP was advertised according to City’s ABI and Purchasing Policies and Procedures.
The ABI Office list of City Vendors for Outreach was consulted for any known relevant vendors before the RFP was advertised.
East Coast Truck Shop in Candler, North Carolina, is a new Vendor to the City of Asheville and is an MWBE.
East Coast Truck Shop was the only acceptable proposal to the RFP. Committee(s):
None Pro(s):
Allows third party service work as a supplement to in house staff.
Allows for a quicker and more efficient process in the repair of accident damaged vehicles.
Returns City vehicles to service in a timely manner.
Provides flexibility in service delivery without significant capital investment in equipment or facilities (e.g., paint shop, etc.) that aren’t used on a daily basis.
Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple quotes.
Maintain a healthy working relationship with the Vendor by ensuring timely payments. Con(s):
None
Fiscal Impact:
Funding for this contract is available in the Fleet Division’s operating budget.
The Fleet Management Division of the Public Works Department maintains over 1,000 City owned vehicles and pieces of equipment.
Contracted work is used to supplement existing staff resources at times of high demand or to provide services where the Fleet Division does not have suitable facilities or resources (e.g., paint shop, etc.).
Council approved Resolution 24-46 on February 27th, 2024 to enter into a contract based on Request for Proposals (298-RFP-FleetLDBodyWork-24) advertised in December 2023.
East Coast Truck Shop was awarded the contract effective 3/15/2024.
The original Contract amount for the initial (1) one year term to be $100,000 with a total not-to -exceed contract amount of $300,000 for all 3 years (if both optional renewals are exercised).
Need for Light Duty Body and Paint Repair services has exceeded Fleet expectations.
Since Contract 92400371 went into effect on March 15th, 2024, Fleet has expended approximately $85,000.00 of the predicted $100,000.00 needed for the initial one year term.
A contract amendment is needed in the amount of an additional $150,000 per year, bringing the total not-to-exceed amount to $250,000 per year, for a total of $750,000 for all 3 years if both optional renewals are exercised.
This contract allows Fleet to quickly and efficiently obtain estimates and repairs for accident damaged vehicles and maintains an on-call contract for light duty body work.
Vendor Outreach Efforts:
The RFP was advertised according to City’s ABI and Purchasing Policies and Procedures.
The ABI Office list of City Vendors for Outreach was consulted for any known relevant vendors before the RFP was advertised.
East Coast Truck Shop in Candler, North Carolina, is a new Vendor to the City of Asheville and is an MWBE.
East Coast Truck Shop was the only acceptable proposal to the RFP. Committee(s):
None Pro(s):
Allows third party service work as a supplement to in house staff.
Allows for a quicker and more efficient process in the repair of accident damaged vehicles.
Returns City vehicles to service in a timely manner.
Provides flexibility in service delivery without significant capital investment in equipment or facilities (e.g., paint shop, etc.) that aren’t used on a daily basis.
Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple quotes.
Maintain a healthy working relationship with the Vendor by ensuring timely payments. Con(s):
None
Fiscal Impact:
Funding for this contract is available in the Fleet Division’s operating budget.
The Fleet Management Division of the Public Works Department maintains 15 Pierce Fire Apparatus.
Contracted work is used to supplement existing staff resources at times of high demand or to provide services where the Fleet Division does not have suitable facilities or resources.
Council approved Resolution 24-48 on February 27th, 2024 to enter into contract with Atlantic Emergency Solutions, effective March 15, 2024.
The original Contract amount for the initial (1) one year term to be $400,000 with a total not-to -exceed contract amount of $1,200,000 for all 3 years (if both optional renewals are exercised).
Need for Pierce Fire Apparatus Repairs and Service has exceeded Fleet expectations.
Since March 15th, 2024, Fleet has expended approximately $380,000.00 of the predicted $400,000.00 needed for the initial one year term.
A contract amendment is needed in the amount of an additional $200,000 per year, bringing the total not-to-exceed amount to $600,000 per year, for a total of $1,800,000 for all 3 years if both optional renewals are exercised.
Use of OEM (Original Equipment Manufacturer) Parts is recommended to maintain the equipment to the manufacturer’s standards.
Atlantic Emergency is the Sole provider for Pierce Parts in our Region.
This contract allows Fleet to lessen repair downtime for 15 Pierce Fire Trucks owned and operated by the City of Asheville.
Vendor Outreach Efforts:
Pierce Components and Services can only be provided by authorized dealers.
Atlantic Emergency is the only distributor authorized to sell new equipment and parts, and provide warranty and repair services for Pierce Fire Apparatus in our region. Committee(s):
None Pro(s):
Allows third party service work as a supplement to in-house staff.
Allows for a quicker and more efficient process in the repair of Front Line Fire Apparatus.
Provides flexibility in service delivery without significant capital investment in equipment or facilities that aren’t used on a daily basis.
Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple quotes.
Maintains a healthy working relationship with the Vendor by ensuring timely payments. Con(s):
None
Fiscal Impact:
Funding for this contract is available in the Fleet Division’s operating budget.
A section of roadway slope on Vance Gap Road failed as a result of Tropical Storm Fred.
There is an existing contract to repair approximately 300 feet of road damage that occurred along Vance Gap Road due to three separate landslides in 2021, 2022, and 2023.
The designer has determined that It is uncertain that the driveway on the parcels described by PIN 9649-94-0187 and 9649-93-0970 can be properly tied into the reconstructed road without accessing private property..
The property owner has not responded to requests to agree to a temporary construction easement to allow the work to occur..
Council has previously authorized condemnation of a drainage easement on parcel 9649-94-0187.
This authorization request involves parcels 9649-94-0187 and 9649-93-0970.
Legal staff attempted to contact the owner by phone and email, but did not receive a response. Committee(s):
None Pro(s):
The condemnation will facilitate the completion of a needed slide repair project ensuring that the property owner will be able to access their driveway. Con(s):
Eminent domain actions are required against one property owner.
Fiscal Impact:
Funding for the required easement, estimated at $8,000.00, was previously budgeted and is available in the General Capital Projects Fund.
On April 23, 2024 City Council authorized the City Manager to apply for the U.S. Dept. of Energy Energy Efficiency and Conservation Block Grant funds to purchase electric vehicles for the City’s fleet.
The funding was awarded in the amount of $158,820.
No match is required.
No budget amendment is necessary as it was included in the Fiscal Year (FY) 2025 capital fleet replacement budget.
This funding will support the purchase of three electric vehicles.
Electric vehicle charging infrastructure has already been installed to support the fueling of these vehicles.
Vendor Outreach Efforts:
The City will not conduct any direct outreach as the intent is to purchase these electric vehicles through the NC Sheriff’s Association Cooperative Procurement Program (NCSA).
NC Statute allows the use of Cooperative Purchasing Programs in place of competitive bidding by the entity.
NCSA conducted outreach in June 2023 through their bidding website, North American Procurement Council and The News and Observer in Raleigh. Committee(s):
None Pro(s):
The purchase of these vehicles will support implementation of the Municipal Climate Action Plan, specifically high impact activity # 12 “Utilize Green Fleet Policy for Fleet Electrification” Con(s):
Staff capacity will be required to manage and fulfill the reporting requirements of this federal grant. Fiscal Impact::
This grant will offset the cost of electric vehicle purchases in the General Capital Projects Fund.
This park plan will allow the City to assess Recreation & Azalea Park for current and future community recreation needs, promote new ideas and partnerships to aid in funding, prioritize desired recreation programs, build public support, and understand anticipated costs associated with recommended capital improvements.
A public Request for Qualifications (RFQ) was advertised for interested consultants to develop a park facility improvement plan for Recreation & Azalea Park.
The consultant will provide all the professional services and materials to coordinate and manage the process as well as produce the comprehensive parks and recreation plan.
The selected consultant will have the opportunity to contract with the city for additional services for design, engineering, and construction administration through contract amendment process to be approved by council at a later date.
Vendor Outreach Efforts:
Staff performed outreach to minority- and women-owned businesses through solicitation processes which included direct vendor outreach and posting on the State’s Interactive Purchasing System to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers.
The City received submissions from the following 14 consultants:
Surface 678, Inc. was selected based on the qualifications, understanding of the scope of services, negotiated cost, and availability. Committee(s):
None Pro(s):
Address immediate maintenance needs and critical failures that are otherwise unattached to capital investments.
Informing citizens about a park’s needs and its community assets to maintain desired level of service.
Identifying capital and operating improvement goals that are needed to assess fiscal requirements and fundraising needs.
Equitably guiding critical decisions about Parks and Recreation facilities, infrastructure, programs, and services.
Developing recommendations and an implementation strategy that will transform a community’s vision into tangible plans to create outstanding recreation opportunities, well-maintained facilities, desired programming, and a customer-focused and responsive park & recreation system. Con(s):
None
Fiscal Impact:
Funding for this project is allocated within the approved FY25 Capital Budget for the Parks & Recreation Department.
Buncombe County has billed and collected City property taxes, including the City’s fee charged for motor vehicles licenses, for many years.
In 2019, Buncombe County and the City of Asheville entered into an updated agreement for the County to continue billing and collecting property taxes under a revised fee structure through June 30, 2025.
In August 2023, City Council adopted an addendum to the agreement with provisions recommended by legal staff at the University of North Carolina School of Government to ensure full conformity to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act.
In accordance with these provisions and pursuant to NCGS § 105-373, the Tax Collector must provide to City Council an annual settlement of property tax collected in the previous fiscal year for approval; and pursuant to NCGS § 105-321, following approval of the Tax Collector’s Annual Settlement for the preceding year an Order of Collection to the Tax Collector must be adopted authorizing the collection of the current fiscal year property taxes.
Staff is recommending approval of both the Annual Settlement and the new year Order of Collection. Pro(s):
Allows the City to continue receiving tax revenue proceeds from the County while ensuring compliance with provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. Con(s):
None
Fiscal Impact:
This action requires no additional City resources and has no direct fiscal impact. Under the terms of the agreement, the City will pay the County a flat fee of approximately $922,000 in fiscal year 2025 for General Fund tax collection services. The fee for these services increases annually with an escalation rate of 2.5% for each successive fiscal year of the agreement.
Initial resolution authorizing the City Manager or Finance Director to pursue and negotiate financing, and setting a public hearing for September 10, 2024
Passed6–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner
The City has been utilizing a multi-year Capital Improvement Program (CIP) and Debt Model since fiscal year 2013-14.
As a part of that multi-year financial model, the City routinely enters into short-term draw programs with financial institutions through the issuance of interim Limited Obligation Bonds (LOBs).
The short term draw programs provide cash to reimburse the City for capital expenses prior to the issuance of long term fixed rate financing.
The City issued its most recent interim LOBs in June 2022 in an amount not to exceed $42 million.
As of August, the City has fully utilized the $42 million interim LOBs amount to reimburse itself for expenses associated with a number of capital projects including the Broadway Public Safety Station, the Dr. Wesley Grant Sr. Southside Community Center, City Hall elevator modernization, Muni Golf Course repairs, and the annual street resurfacing program.
In order to refund the principal drawn on this short-term loan, the City intends to issue 20-year, fixed-rate LOBs Refunding Bonds in October 2024.
Staff is seeking Council approval of the initial resolution associated with this refunding and also approval to set a Public Hearing on this debt issuance for September 10, 2024. Approval of the final resolution is scheduled for Council’s September 24, 2024 meeting. Pro(s):
Converts Limited Obligation Bond (LOBs) short-term variable-rate debt to long-term fixed-rate refunding bonds on a schedule that allows the City to meet its capital project cash flow needs.
Spreads capital costs over a longer term to better match assets’ lives. Con(s):
None
Fiscal Impact:
The exact amount of the debt service on the LOBs Refunding Bonds will be determined after sale of the debt in October; however estimated debt service on these LOBs has already been included in the City’s multi-year Capital Improvement Program and Debt Model.
The City of Asheville (City) Risk Management Division (Risk) works with Legacy Risk Solutions (Legacy) to obtain insurance policies to address City risk and loss exposures, including but not limited to: property, auto, equipment, excess liability, excess workers’ compensation, dam liability, crime, and builder’s risk.
In April 2021, Insurance Broker of Record Services were sought via a Request for Proposals and Legacy was the sole proposer.
In July 2021, a contract was entered into with Legacy to provide Insurance Broker Services for one year, with the option for the City to renew four additional years.
Annually, the Legacy contract totals $29,900.
As a result of multiple years of Legacy service provision, the aggregate value of Legacy’s contract will exceed $90,000 in Fiscal Year 2025, necessitating City Council authorization for Services to continue in Fiscal Year 2025 and Fiscal Year 2026.
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.
Legacy was the only proposal received.
No MWBE firms submitted proposals and all work will be self performed by Legacy, a local business providing exceptional services to the City for over twenty five years. Committee(s):
None. Pro(s):
Ensures Service continuity to support the City insurance program. Con(s):
None.
Fiscal Impact:
Contract expenses for Insurance Broker Services are budgeted within the Property & Liability Fund and adopted with the Fiscal Year 2025 budget. The Legacy contract is contingent on budget appropriations in future fiscal years.
Motion:
Motion to adopt a resolution authorizing the City Manager to renew an existing Insurance Broker of Record contract with Legacy for Fiscal Year 2025 and authorize Legacy to provide services through June 30, 2026. J. RESOLUTION NO. 24-180
RESOLUTION PERMITTING THE POSSESSION AND CONSUMPTION OF MALT BEVERAGES AND/OR UNFORTIFIED WINE AT THE BOOMTOWN ARTS & HERITAGE FESTIVAL (EXPANDED FOOTPRINT) ON SEPTEMBER 6 AND SEPTEMBER 7, 2024 RESOLUTION NO. 24-181
RESOLUTION PERMITTING THE POSSESSION AND CONSUMPTION OF MALT BEVERAGES AND/OR UNFORTIFIED WINE AT THE SHOW LOVE FEST ON SEPTEMBER 14, 2024 RESOLUTION NO. 24-182
RESOLUTION PERMITTING THE POSSESSION AND CONSUMPTION OF MALT BEVERAGES AND/OR UNFORTIFIED WINE AT THE BLUE RIDGE PRIDE FESTIVAL ON SEPTEMBER 21, 2024 RESOLUTION NO. 24-183
RESOLUTION PERMITTING THE POSSESSION AND CONSUMPTION OF MALT BEVERAGES AND/OR UNFORTIFIED WINE AT THE GOOMBAY FESTIVAL ON SEPTEMBER 27, 28 AND 29, 2024 RESOLUTION NO. 24-184
RESOLUTION PERMITTING THE POSSESSION AND CONSUMPTION OF MALT BEVERAGES AND/OR UNFORTIFIED WINE AT THE ASHEVILLE OKTOBERFEST ON OCTOBER 5, 2024 RESOLUTION NO. 24-185
RESOLUTION PERMITTING THE POSSESSION AND CONSUMPTION OF MALT BEVERAGES AND/OR UNFORTIFIED WINE AT THE LOVELY ASHEVILLE FALL FESTIVAL ON OCTOBER 12 AND 13, 2024 RESOLUTION NO. 24-186
RESOLUTION PERMITTING THE POSSESSION AND CONSUMPTION OF MALT BEVERAGES AND/OR UNFORTIFIED WINE AT HOLA ASHEVILLE ON OCTOBER 13, 2024 RESOLUTION NO. 24-187
RESOLUTION PERMITTING THE POSSESSION AND CONSUMPTION OF MALT BEVERAGES AND/OR UNFORTIFIED WINE AT THE SURREAL SIRKUS ARTS FESTIVAL OCTOBER 26, 2024
Background:
N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit the consumption and/or possession of open containers of malt beverages and unfortified wine on the public streets and property owned, occupied, or controlled by the City and to regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events.
The City Council of the City of Asheville has adopted an ordinance pursuant to that statutory authority; and that ordinance, codified as Section 11-11 in the Code of Ordinances of the City of Asheville, provides that the City Council may adopt a resolution making other provisions for the possession of malt beverages and/or unfortified wine at a special event or community festival.
The following organizations have requested that City Council permit them to serve beer and/or unfortified wine at their events and allow for consumption at the events:
Asheville Downtown Association for the Boomtown Arts & Heritage Festival to be held on September 6 & 7, 2024 at Pack Square Park
Asheville Firefighters Association for the Show Love Fest to be held on September 14, 2024 at Carrier Park
Blue Ridge Pride Center for the Blue Ridge Pride Festival to be held on September 21, 2024 at Pack Square Park
YMI Cultural Center for the Goombay Festival to be held on September 27, 28 & 29, 2024 at Pack Square Park
Asheville Downtown Association for Asheville Oktoberfest to be held on October 5, 2024 at Pack Square Park
Asheville Creative Arts for the Lovely Asheville Fall Festival to be held on October 12 & 13, 2024 at Carrier Park
Hola Carolina for Hola Asheville to be held on October 13, 2024 at Pack Square Park
Arts2People for the Surreal Sirkus Arts Festival to be held on October 26, 2024 at Pack Square Park
Alcohol boundaries are defined as per the accompanying event site maps. Committee(s):
None Pro(s):
Allows fundraising opportunities for the sponsoring nonprofit organization. Con(s):
None
Fiscal Impact:
This action requires no City resources and has no fiscal impact.
Item II-J · RES 24-180 / RES 24-181 / RES 24-182 / RES 24-183 / RES 24-184 / RES 24-185 / RES 24-186 / RES 24-187 · Transportation · Resolution · consent agenda
Resolutions permitting the possession and consumption of malt beverages and/or unfortified wine at the Boomtown Arts & Heritage Festival and other events
Passed6–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner
N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit the consumption and/or possession of open containers of malt beverages and unfortified wine on the public streets and property owned, occupied, or controlled by the City and to regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events.
The City Council of the City of Asheville has adopted an ordinance pursuant to that statutory authority; and that ordinance, codified as Section 11-11 in the Code of Ordinances of the City of Asheville, provides that the City Council may adopt a resolution making other provisions for the possession of malt beverages and/or unfortified wine at a special event or community festival.
The following organizations have requested that City Council permit them to serve beer and/or unfortified wine at their events and allow for consumption at the events:
Asheville Downtown Association for the Boomtown Arts & Heritage Festival to be held on September 6 & 7, 2024 at Pack Square Park
Asheville Firefighters Association for the Show Love Fest to be held on September 14, 2024 at Carrier Park
Blue Ridge Pride Center for the Blue Ridge Pride Festival to be held on September 21, 2024 at Pack Square Park
YMI Cultural Center for the Goombay Festival to be held on September 27, 28 & 29, 2024 at Pack Square Park
Asheville Downtown Association for Asheville Oktoberfest to be held on October 5, 2024 at Pack Square Park
Asheville Creative Arts for the Lovely Asheville Fall Festival to be held on October 12 & 13, 2024 at Carrier Park
Hola Carolina for Hola Asheville to be held on October 13, 2024 at Pack Square Park
Arts2People for the Surreal Sirkus Arts Festival to be held on October 26, 2024 at Pack Square Park
Alcohol boundaries are defined as per the accompanying event site maps. Committee(s):
None Pro(s):
Allows fundraising opportunities for the sponsoring nonprofit organization. Con(s):
None
Fiscal Impact:
This action requires no City resources and has no fiscal impact.
The Buncombe County Veterans Council serves to support and advocate for veterans in the Buncombe County area.
This group represents the local chapter of the larger North Carolina Veterans Council.
The POW/MIA Flag is flown to represent individuals that are Prisoners of War/Missing in Action
The United States Government passed the National POW/MIA Flag Act which requires the flag to be flown on specific days at certain federal buildings.
These days include Memorial Day and Veterans Day.
The Buncombe County Veterans Council is recommending that the City of Asheville fly this flag at the Municipal Golf Course annually on Memorial Day and during the entire month of November.
November is National Veterans and Military Families Month.
The flag will be displayed along with the American flag and will use the same protocols for its display.
The Buncombe County Veterans Council will provide assistance to the City by ensuring that the flag remains in good condition.
In the event that it needs to be replaced, the Veterans Council will supply a new flag at no cost to the City.
The City Council shall maintain the authority to rescind or alter this direction to staff at any time. Committee(s):
None Pro(s):
Many veterans who are annual members of the Municipal Golf Course and play frequently would appreciate the show of support from the City.
Allows openings throughout the calendar year, if other applicable groups submit similar requests Con(s):
Some community members may not agree with the City’s expression.
The primary focus of FEMA’s Assistance to Firefighters Grant program is to provide assistance in funding for firefighting safety and protective equipment.
This grant will strategically address the recognized need for improved Wildland Fire Personal Protective Equipment (PPE)
This funding request will significantly enhance the overall effectiveness of the Asheville Fire Department
The PPE will result in substantial improvements in daily operations and a notable reduction in firefighter organizational risk Committee(s):
Environment and Safety Pro(s):
This grant allows for the purchase of the needed PPE at a much lower cost to the City. Con(s):
N/A
Fiscal Impact:
Grant of $74,970 with a $6,815.45 match from AFD operating budget
Marathon Health, LLC currently provides the City’s employee assistance program.
Utilization of the program provided by Marathon Health, LLC has increased beyond initial projections, necessitating an increase in the contract amount.
Ongoing uninterrupted healthcare and occupational health services to all employees is critical in maintaining the health and well-being of employees and their dependents.
Human Resources is requesting an increase in the contract amount by $390,000 for a total contract of $2,982,000 in response to increased utilization, e.g., prescription medications, laboratory costs, vaccines, lipid profiles, etc., and ongoing healthcare and occupational health management.
Vendor Outreach Efforts:
Current vendor for management of the City’s employee health services clinic is Marathon Health, LLC.
This vendor provides healthcare, occupational health and management of The Asheville Project™ to employees and their dependents.
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 was unable to identify other local vendors that provide clinic management, healthcare, occupational health services and management of The Asheville Project™. Pro(s):
Provide employees and their dependents with healthcare and disease management at no cost.
Known provider specializes in employer-provided health clinic management; and healthcare and occupational health services in the workplace. Con(s):
If additional funding is not available, employees and their dependents will not have access to ongoing no-cost healthcare and disease management.
If additional funding is not available, the City will have to outsource occupational health services.
Fiscal Impact:
Additional $390,000 added to the contract for a total investment of $2,982,000 over the three-year contract.
Funding for this contact is available in the Health Fund budget.
Responder Support Services currently provides embedded (on-site) behavioral health support to the Fire and Police Departments four days per week for each department.
The need by Fire and Police for behavioral health support has steadily increased since implementation of the contract.
Behavioral support providers hold office hours on site in the City of Asheville Municipal Building for employees during regular business hours allowing access while on duty.
Unique behavioral health services provided to police and fire employees only include: i. One-on-one sessions available on-site with trained behavioral health providers. ii. Coordination of the City of Asheville Peer Response Network. iii. Provide appropriate services following critical incidents, acute stressors, or debilitating cumulative stress.
Vendor Outreach Efforts:
Current vendor for embedded behavioral health support is Responder Support Services, LLC. This vendor provides specialized support for Fire and Police employees and their dependents.
Staff was unable to identify other local vendors that provide dedicated service to Fire and Police Departments. Pro(s):
Support public safety employees and their dependents dealing with behavioral health issues
Known provider and subject matter expert that specializes in providing behavioral health services to public safety employees assistance programs. Con(s):
If additional funding is not available, public safety employees and their dependents will not have access to ongoing specialized behavioral health support.
Fiscal Impact:
Additional $16,531 added to the contract for a total investment of $574,070 over the three-year contract.
Funding for this contract is available in the City’s Health Insurance Fund.
Item II-O · RES 24-192 · Economic Development · Resolution · consent agenda
Resolution authorizing the City Manager to amend the existing contract with McLaughlin Young Group to provide ongoing Employee Assistance Program for employees and their dependents
Passed6–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner
McLaughlin Young Group currently provides the City’s employee assistance program.
Utilization of the program provided by McLaughlin Young has increased beyond initial projections, necessitating an increase in the contract amount.
Ongoing uninterrupted employee assistance program services to all employees is critical in maintaining the health and well-being of employees and their dependents.
Human Resources is requesting an increase in the contract amount by $40,000 to a total contract of $ in response to increased utilization and ongoing employee assistance program.
Vendor Outreach Efforts:
Current vendor for employee assistance program is McLaughlin Young Group
This vendor provides behavioral health support to all employees and their dependents.
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.
McLaughlin Young is a female-owned firm and all work will be self-performed by the prime contractor. Pro(s):
Support employees and their dependents dealing with behavioral health issues
Known provider specializes in providing employee assistance programs. Con(s):
If additional funding is not available, employees and their dependents will not have access to ongoing behavioral health support.
Fiscal Impact:
Additional $54,140 added to the contract for a total investment of $144,134 over the three-year contract.
Funding for this contract is available in the City’s Health Insurance Fund.
Motion:
Motion to authorize the City Manager to execute a contract amendment with McLaughlin Young to increase the contract amount by $54,140 for a total contract amount of $144,134 to provide ongoing employee assistance program services for employees and their dependents. P. RESOLUTION NO. 24-158
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FULL AND FAIR EXCHANGE OF REAL PROPERTY LOCATED AT 34 HIAWASSEE STREET TO DUKE ENERGY PROGRESS IN EXCHANGE FOR PROPERTY LOCATED AT RANKIN AVENUE TO THE CITY OF ASHEVILLE
Background:
To ensure reliable electricity with modernized infrastructure, Duke Energy is rebuilding the substation located at Rankin Avenue, directly behind the Harrah’s Cherokee Center of Asheville.
City staff supported Duke Energy in incorporating feedback from community members to address concerns identified in the initial project proposal. Duke continued to meet with neighborhood and community groups to share information and incorporate feedback.
North Carolina General Statutes grant cities the authority to exchange any real property belonging to the city for other real property, provided the city receives full and fair consideration in exchange for its property.
Duke Energy Progress is seeking to acquire approximately 0.26 acres of land from the City of Asheville, located at the corner of Hiawassee and Rankin Avenue. In exchange for this land, Duke is seeking to deed 0.24 acres to the City, located directly behind the Thomas Wolfe Auditorium.
The purpose of the land exchange is for Duke Energy Progress to update the downtown substation to increase and expand energy service to existing and new users in and around the central business district.
The property exchange will allow for improved access to maintain Harrah’s Cherokee Center. The Harrah’s Cherokee Center is currently limited by the existing substation, which makes maintenance more difficult and limits the scale of attractions that can be hosted at the facility.
It will also provide the City with a buildable lot for future development. This limits the potential growth and use of key entertainment facilities in Asheville.
Duke Energy Progress provided a third-party appraisal of the parcels to be exchanged. The Real Estate office contracted a certified MAI appraiser to evaluate the methodology used to provide the valuation of properties. Overall, the appraisal indicated that the land exchange was full and fair.
The City’s property is encumbered by a transmission easement along Rankin Avenue. This easement reduces the total area that can be built upon and, therefore, the overall property value.
The City’s approximate 0.26 acres were appraised for $780,000.
Duke Energy’s approximate 0.24 acres were appraised for $830,000.
While the values differ, the City will benefit from receiving a parcel greater in value than the parcel it is deeding, therefore complying with statutory requirements for land exchanges.
Should the Council approve the land exchange from Duke Energy Progress, the City will enter into a two-year lease for the City’s property so that Duke can begin installing the new substation. Duke will also begin remediating its existing property to prepare for exchange.
Once the new substation is built and the former substation is decommissioned and remediated, a formal closing will take place to convey the parcels for long-term ownership. Committee(s) and Commission(s):
Planning and Economic Development Committee
VOTE (3:0) Pro(s):
Continued and uninterrupted service provision by Duke;
Expanded access to the Harrah’s Center through rear entrances;
Land exchanged through the transaction would allow for potential expansion of City facilities or other future development along Rankin Avenue. Con(s):
Lost parking for City of Asheville staff.
Fiscal Impact:
No monetary consideration is given because the exchange of properties is full and fair.
Resolution authorizing the City Manager to execute a full and fair exchange of real property located at 34 Hiawassee Street to Duke Energy Progress in exchange for property at Rankin Avenue
Passed6–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner
The original contract with Allbrite Cleaning Company LLC went into effect on July 1, 2023 for $45,277.53 for a term of one year.
Staff is seeking to renew for a second year at $45,277.53 and have the option to renew up to three additional 12-month periods with a total contract amount not to exceed a 5 year total of $226,387.65.
The initial contract term was proposed for one year, with the option upon approval by the City for up to four one-year renewals, for a maximum total duration of five years.
Should the City renew the contract, this would allow costs to be controlled for up to four remaining years.
The multi-year contract is subject to the annual appropriation process. If the adopted budget for any given fiscal year does not include an appropriation for the service in the General Fund budget, the City shall have the right to terminate the contract.
Vendor Outreach Efforts:
Staff performed outreach to minority and women-owned businesses through solicitation processes, including posting on the State’s Interactive Purchasing System and requiring prime contractors to contact Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services subcontract work was performed.
In response to a Request for Proposal, the following firms submitted proposals:
Allbrite Cleaning Company LLC, of Arden, North Carolina priced annually $45,277.53
Appalachian Restoration and Cleaning of Asheville, North Carolina price annually $315,741.87
No MWBE firms submitted bids and all work will be self-performed by the prime contractor. Committee(s):
None Identified Pro(s):
Provides long-term cost containment while also maintaining a safe, healthy, and inviting environment.
Improve indoor air quality, reduce the spread of germs and bacteria, maintain the appearance of the space, and prevent damage to the floors. Con(s):
None Identified
Fiscal Impact:
$45,277.53 was approved in the City’s FY 2024-2025 budget for hard floor and carpet cleaning in the General Fund.
The Southside Connectivity Improvements Project includes on-road improvements in two project areas for bike and pedestrian safety and wayfinding.
The objective of this project is to connect multi-use paths in the project area and provide safe passage for pedestrians and bicyclists throughout the corridor.
This project is essentially two projects on each side of the future Nasty Branch multi-use path which is located in the Southside neighborhood (see area map).
Originally, the project was part of the Nasty Branch Multi-use Path project scope.
Due to funding constraints, they were separated into two projects: the off-road multi-use path, and the on-road connectivity project.
The Nasty Branch Multi-Use Path is slated for construction in calendar year 2025.
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 5% 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.
In June 2024 construction bids were advertised for 51 days, and received three bids on July 25, 2024.
The three bids received were from: Asheville, NC based Patton Construction Group, Inc for $1,774,000; Sylva, NC based DanGrady Company, LLC for $1,283,975.44; and TP Howard’s Plumbing Company, Inc. who was deemed non-responsive because they are not an NCDOT prequalified contractor, a requirement for bidding on this work.
DanGrady Company, LLC was the lowest, responsive, responsible bidder.
DanGrady Company through their outreach efforts is committing to use Hickory Sealing and Striping, Inc., an NCDOT DBE, WBE, SBE subcontractor at 5.7% participation. Committee(s):
Asheville City Council Tours
12/08/2023 and 12/14/2024
Council Agenda Review
11/09/2023
Asheville City Council
“Southside Neighborhood Projects Report”
11/14/2023 Pro(s):
Connection throughout the area with safe pedestrian and cycling features
Intersection improvements throughout the project area Con(s):
Construction impacts during project construction
Fiscal Impact:
Funding for this contract was previously budgeted and is available in the General Capital Projects
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 be detrimental to individual property rights.
Buncombe County, the owner of 50 and 52 Coxe Avenue, petitioned for this closure in association with the future development of an affordable housing project that the Buncombe County County Commissioners approved conceptually at their April 2, 2024 meeting.
Housing units are planned to be designated for 80% Area Median Income or below. The applicant has not yet submitted a development plan/application to the City. This action is being requested in advance in order to allow the County to move forward with a future development application.
This portion of right-of-way is currently in active use and maintained by the City.
The County wishes to close this short section of right-of-way in order to combine the parcels at 50 and 52 Coxe Avenue, which will allow the County to access additional federal affordable housing tax incentives.
The recording of the closure will take place only if the Council approves the future Conditional Zoning application to be brought forward at a future meeting.
The City Transportation Department has requested that the County provide a public access easement contiguous with the closure area in order for pedestrian, bicycle, and potentially delivery access to remain in place in perpetuity. Committee(s):
Technical Review Committee, May 6, 2024, unanimously recommended approval.
Multimodal Transportation Commission, May 22, 2024, unanimously recommended approval. Pro(s):
The proposed closure will allow Buncombe County to combine the parcels at 50 and 52 Coxe Avenue, which will allow the County access to additional federal affordable housing tax incentives.
The recording of the closure will take place only if the Council approves the future Conditional Zoning application to be brought forward at a future meeting.
A public access easement will be recorded to ensure future public access for pedestrians, bicyclists, and possibly delivery vehicles is provided in perpetuity. Con(s):
The existing right-of-way is currently open and in active use. This action would close the proposed portion of the right-of-way and the land would become Buncombe County property. However, the County has agreed to provide a public access easement across the closure area in order for pedestrian, bicycle, and possibly delivery vehicles to continue to access the remainder of Sawyer Street in perpetuity.
Fiscal Impact:
This action requires no City resources and has no fiscal impact.
Following the construction of the Maple Crest Apartments on John Walker Avenue, and with future pending development at the intersection of Biltmore Avenue/John Walker Avenue/White Fawn, City Transportation staff and NCDOT staff discussed the need for the construction of a traffic signal at the intersection to improve the overall safety and mobility of the residents in the Maple Crest community, residents of the future affordable housing to be constructed at the City’s “Ford” site, and other existing and future travelers through the intersection.
The NCDOT decided to complete this traffic signal project and requested City funding and future maintenance assistance since the project will also benefit the City and its residents.
The Transportation Department applied for and received a federal transportation grant in the amount of $352,000 with a 20% match of $88,000 from the French Broad River Metropolitan Planning Organization (FBRMPO) in Fiscal Year 2021 to design and construct the signal.
Due to rising project costs since the original award, an additional $335,000 in local funds is required to complete the project, in addition to the $88,000 in required matching funds for a total City contribution of $423,000.
The required matching funds, plus additional funds have been previously allocated from the City’s Housing Trust Fund ($265,000) and Transportation Capital Fund ($158,000).
NCDOT will be responsible for the design and construction of the project. The City will be responsible for maintenance of any sidewalk and retaining walls that are required by the installation or widening of the sidewalk. NCDOT will maintain the roadway and all traffic operating controls and devices.
The project’s design is anticipated to be completed in the fall of 2025 and put out for bid in late 2026, with construction likely to occur in calendar year 2027. The project timeline is subject to change.
Vendor Outreach Efforts:
N/A. The project is being completed by the North Carolina Department of Transportation and uses a combination of federal and local funding. Committee(s):
N/A Pro(s):
Construction of a traffic signal at the intersection will improve the overall safety and mobility of the residents in the Maple Crest community, residents of the future affordable housing to be constructed at the City’s “Ford” site, and other existing and future travelers through the intersection. Con(s):
None
Fiscal Impact:
The City applied for and received a federal transportation grant from the FBRMPO in the amount of $352,000, with a required 20% match of $88,000, for a total of $440,000 in FY2021. However, an additional amount of $335,000 in City funding is required due to rising project costs, including design and construction, for a total project cost of $775,000. Therefore, the City’s total contribution to the project is $423,000.
Previously appropriated funds from the City’s Housing Trust Fund and Transportation Capital Fund have been allocated to the project. No budget amendment is needed.
Automated Passenger Counters (APCs) are devices used on Asheville Rides Transit (ART) buses to count the number of passengers boarding and exiting at each stop. APCs work using sensors, which can detect and record the movement of people.
Tracking ridership is important in transit service planning and operations, and can provide insight into how passengers use the City’s bus service.
By monitoring ridership trends, staff can analyze the efficiency of the City’s transit system and identify improvements to enhance the service.
Additionally, ridership data is required for federal and state reporting. It plays a role in determining how federal transit funding gets allocated to our region.
Out of the thirty-five (35) buses, twelve (12) need upgraded passenger counter hardware to replace Wi-Fi only passenger counters.
The new devices can transfer data in real-time using both cellular and WI-FI, replacing older models limited to Wi-Fi only. This will result in data being transferred and stored at an off-site “cloud based” location and immediately available to staff for evaluation.
Urban Transportation Associates, Inc. will provide programming for the devices, which includes a one-year warranty.
Staff is requesting a sole-source authorization to purchase these counters from UTA for two reasons. First, UTA, which provides the other counters in the bus system and support for those counters, will only provide a warranty for new UTA counters; they will not provide a warranty for non-UTA devices. By standardizing the use of UTA counters, staff will ensure that all counters are covered under warranty.
Second, staff and UTA are unsure if UTA would be able to program non-UTA counters to work within the established system or if UTA would be able to remotely access these counters for support. By standardizing the use of UTA counters throughout the system, staff will ensure that the new counters will be compatible with the rest of the system and that they can be accessed for support.
The use of sole-source procurement is permitted in this instance pursuant to N.C. General Statute 143-129(e)(6) as equipment standardization and compatibility are the overriding considerations in using UTA counters instead of non-UTA counters.
Vendor Outreach Efforts:
Pursuant to N.C.G.S. 143-129(e)(6) this is a sole source procurement due to the need to standardize equipment across all city buses and ensure compatibility with the current system, therefore no outreach to additional vendors was done. Committee(s):
N/A Pro(s):
This resolution will allow the Transit Division to efficiently purchase the needed equipment and services required to standardize and maintain the City’s APC and transit technology on the ART transit fleet. Con(s):
None
Fiscal Impact:
A total of $21,660 is required to support this action in FY 2025.
Funding to support the requested action is budgeted in the City’s FY 2025 Transit Operations Fund.
The City of Asheville contracts with Buncombe County to provide the federally required Americans with Disabilities Act (ADA) Paratransit Services annually.
This service is mandated under federal requirements to ensure complimentary paratransit service within ¾ of a mile of fixed-route transit services. The City of Asheville’s policy goes beyond the required ¾ mile, providing services city-wide to all eligible individuals who meet ADA certification.
The original budget estimate for Paratransit Services for Fiscal Year 2024 and approved contract amount (Resolution No. 23-150) was $1,000,000 based on estimated usage.
However the actual cost for Fiscal Year 2024 was $1,138,577, due to increases in Paratransit use. The Fiscal Year 2024 number of service miles was 355,805 at a per-mile rate of $3.20.
To respond to these needs, staff paid additional funds to cover the actual Fiscal Year 2024 costs before receiving Council authorization to spend these funds under this contract.
Staff is now requesting that Council ratify this additional spending to cover these costs and authorize a contract amendment to reflect the additional spending for Fiscal Year 2024.
Vendor Outreach Efforts:
N/A. This is a current contract. Committee(s):
N/A Pro(s):
Ensures sufficient funding is available to pay for services performed in Fiscal Year 2024. Con(s):
None
Fiscal Impact:
This resolution includes an increase of $138,577.12, for a total of $1,138,577.12 for Fiscal Year 2024 to cover the cost of additional Paratransit Services provided by the County in excess of the original budget estimate of $1,000,000 for Fiscal Year 2024.
Funding is already available within the adopted Fiscal Year 2024 budget to accommodate the contract increase.
The City of Asheville contracts with a third-party (RATP Dev USA) for the operations and maintenance of the Asheville Rides Transit (ART) fixed-route transit system.
Due to the increased cost of maintaining an aging fleet, maintenance expenses increased beyond preventive measures in Fiscal Years 2023 and 2024, necessitating an additional $326,793 in funding for Fiscal Year 2024.
This increase is associated with maintenance costs associated with expenses that are above and beyond normal preventative maintenance under the existing contract.
To address these expenses, staff paid the additional $326,793 to RATP Dev USA before receiving City Council authorization to amend the contract to spend these extra funds.
The maintenance costs are for major repairs and components of the buses the City is operating that are beyond their useful life.
Due to resource constraints, the City has not been able to achieve its goal to have at least 80% of the fleet consist of vehicles that have not yet met their “useful life.”
At this time, approximately 50% of ART vehicles are beyond their useful life, with many buses older than 10-12 years and over 500,000 miles.
Operating buses beyond their useful life increases maintenance costs and can impact service reliability due to breakdowns and more time spent fixing buses.
Staff is now requesting that the City Council ratify its additional spending of $326,793 for these maintenance costs and authorize execution of a contract amendment to add these funds to the contract.
Note: The overall contract for transit operations and maintenance that was awarded to RATP Dev USA in 2017 will end in June 2025. Staff has started to develop a new Request for Proposals for transit operations and maintenance services, which is anticipated to be issued in the fall 2024.
Vendor Outreach Efforts:
N/A. This is a current contract. Committee(s):
N/A Pro(s):
Ensures sufficient funding is available to pay for additional maintenance costs in Fiscal Year 2024 incurred due to the age of the fleet. Con(s):
None
Fiscal Impact:
This resolution includes an increase of $326,793 for a total of $10,972,722 for Fiscal Year 2024.
Consider a resolution authorizing staff to donate up to 250 surplus laptops and 250 cell phones to the Land of Sky Regional Council.
These donations to the Land of Sky Regional Council would support its program to provide devices to individuals in the community for increased access to a variety of broadband and digital inclusion projects.
2021 census data shows Buncombe County has over 10% of the population with no access to digital devices.
Land of Sky Regional Council will provide refurbished devices, training sessions, and repairs to individuals residing in Buncombe County without devices to enable their access to internet services. State-deemed covered populations for distribution include:
Individuals with a language barrier (including individuals who are English learners or whose first language is not English and/or individuals with levels of literacy).
Individuals who are members of a racial or ethnic minority group.
Property that will be donated cannot be utilized by other City departments because all devices being replaced are outside of their enterprise lifespan and are no longer under warranty. (Laptops are all 4 years or older, and phones are 2 years or older).
Surplus property sales have a nominal resale value.
State Statute § 160A-280 permits donations of personal property to other governmental units.
Vendor Outreach Efforts:
N/A Committee(s):
N/A Pro(s):
This is an opportunity for the City to partner with the Land of Sky Regional Council and shrink the digital divide in our region by increasing access to devices while efficiently disposing of surplus laptops and cell phones.
Refurbish devices and divert e-waste from the landfill.
Increase access to skills training and job-seeking.
Improve access to governmental programs and services.
Provide access to higher education opportunities.
Expand access to telehealth opportunities. Con(s):
None
Fiscal Impact:
Surplus property sales have a nominal resale value.
The Information Technology Services Department has been modernizing the City’s data center to create a hybrid environment that leverages both cloud service providers and our on-premises infrastructure.
The hybrid approach enables the City to benefit from the advantages of the cloud while maintaining a physical hardware presence as staff transitions many major applications and operational functions to cloud-hosted solutions.
Key City systems that currently use cloud computing include Geographic Information Systems (GIS), the City’s website, notification and permitting applications, and identity and access tools.
Using a hybrid approach also provides better security and flexibility with increased speed and resiliency. Key benefits from this hybrid approach include:
Faster more reliable access to GIS services from anywhere for staff and the public.
Cloud services can be scaled to meet current demand and mitigate large capital expenses for on-premise technology infrastructure.
Enhanced security and built-in disaster recovery services.
Cloud computing services allow for the continuation of GIS and other services when Internet services are disrupted at City Hall.
Architecture modernized to allow us to build out technology with a forward-thinking mindset which sets the system up to implement solutions that allow for a better employee and constituent experience.
Vendor Outreach Efforts:
No vendor outreach because we are purchasing from the Omnia Partners Total Cloud Cooperative Contract (Total Cloud Solutions and Services Region 4 ESC
TX Contract Number: R220801).
The cooperative contract was competitively bid with consideration of proposals from nine different vendors.
Collectively, CDW-G was awarded the cooperative contract with unmatched depth and breadth of experience with AWS cloud computing services. Committee(s):
N/A Pro(s):
Provides faster, more reliable access to GIS services from anywhere for staff and the public.
Cloud services can be scaled to meet current demand and mitigate large capital expenses for on-premise technology infrastructure.
Includes enhanced security and built-in disaster recovery services.
Utilizing cloud computing services allows for the continuation of GIS and other services when Internet services are disrupted at City Hall.
Modernizes our architecture to allow us to build out technology with a forward-thinking mindset which sets us up to implement solutions that allow for a better employee and resident experience. Con(s):
None
Fiscal Impact:
The total cost for cloud computing services for Fiscal Year 2024-2025 is $90,000.
These funds are included in the information Technology Services Budget
Accela, Inc. is the primary permitting and code enforcement software system that has been used by DSD for over ten years.
A competitive request for proposals was completed in 2023 and a new vendor, Clariti, was selected to provide permitting and code enforcement services moving forward.
Based on the 18-month implementation calendar for Clariti, DSD needs continued access to Acclea to provide uninterrupted permitting and code enforcement services pending the launch of Clariti in late calendar year 2025.
This contract renewal provides continued access to Accela, Inc. through December 2025, at which point it will no longer be needed as the City will have fully transitioned to the new Clariti solution.
Vendor Outreach Efforts:
The City completed a competitive procurement process through a request for proposals in 2023 for permitting and code enforcement software.
That process resulted in the selection of Clariti as the new software provider for permitting and code enforcement.
This current contract renewal provides a bridge of uninterrupted service to the development community while the Clariti the Clariti platform is implemented.
Accela, Inc. is not an MWBE vendor. Committee(s):
None Pro(s):
Allows uninterrupted services for permitting and code enforcement. Con(s):
None
Fiscal Impact:
The software maintenance cost for Accela through December 2025 is $40,734.54. This software maintenance is currently budgeted through the Development Services Technology Fund.
Division Manager of Community & Economic Development Rachel Taylor said that this is the consideration of a resolution to permanently close a paper right-of-way located on 34 Hiwassee Street. This public hearing was advertised on August 2, 9, 16 and 23, 2024. Background:
North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys.
The statute requires the City Council to consider whether the closure of the right-of-way negatively impacts the public interest and would impede access to parcels, utilities, and other public infrastructure.
All property owners abutting the unopened right-of-way, namely the City and Duke Energy Progress, have signed affidavits approving the proposed closure.
The closure's purpose is to allow for a future land exchange between the City of Asheville and Duke Energy so that Duke Energy can rebuild a substation in that location.
If Council approves the closure, Duke will proceed with the land exchange process with the City, and the existing right-of-way will become Duke's property upon completion of the new substation and final execution of the land exchange development agreement.
This division of the closed right-of-way will be shown on a plat filed at the register of deeds office and signed by both the City and Duke.
The City Manager has approved the request to waive the closure fees since this is a City-initiated request related to a contemplated future City project. Committee(s):
None; City-initiated closure of an unopened right-of-way. Pro(s):
There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way.
Closure of the unopened right-of-way would allow for a land exchange with Duke Energy to facilitate Duke’s plan to rebuild the downtown substation and facilitate possible future expansion of the Thomas Wolfe Auditorium, Harrah’s Cherokee Center of Asheville, or the City’s other potential development plans for Rankin Avenue. Con(s):
Relocation of City employee parking.
Fiscal Impact:
This action requires no City resources and has no fiscal impact. Ms. Taylor outlined the following key takeaways from her presentation: (1) The City of Asheville has requested this closure for an unopened right-of-way located on 34 Hiawassee; (2) This closure would allow for a future land exchange between the City of Asheville and Duke Energy
The purpose of the land exchange is to allow Duke Energy to rebuild a substation in that location and for the City to receive a buildable lot; and (3) If Council approves the closure, Duke will proceed with the land exchange process with the City, and the existing right-of-way will become Duke's property upon completion of the new substation and final execution of the land exchange development agreement. She said the City of Asheville has requested this closure. The City wishes to permanently close an unopened right-of-way that runs roughly north-south near Hiawassee Street: 34 Hiawassee; A Duke-owned parcel directly adjacent to Harrah’s Cherokee Center-Asheville. If the closure is approved, the right-of-way will be divided among the 2 properties and a new plat will be filed. All adjacent property owners have signed affidavits of approval. The Applicant, City of Asheville, has indicated that the purpose of the right-of-way closure is to facilitate a full and fair exchange of property between Duke Energy and the City. Councilwoman Roney thanked the public for their input and pressure when the previous iteration of this project would have meant loss of tree canopy, stormwater issues, and a significant impact on Lexington Avenue. The pressure and public engagement including many emails caused us to go back to the drawing board with Duke and make improvements, so thank you for the public comment that made this decision better. Mayor Manheimer opened the public hearing at 6:03 p.m., and when no one spoke, she closed the public hearing at 6:03 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.
Urban Planner Clay Mitchell said that this is the consideration of an amendment to a conditional zoning amendment for property located at 252 Patton Avenue for the purpose of amending the phasing of the project to allow for a temporary, open-air substation, and the extent of the conditional zoning. This public hearing was advertised on August 16 and 23, 2024. Project Location and Contacts:
The project site consists of five (5) parcels and totals 4.11 acres at 252 Patton Ave (PINs 9648-19-0460, 9648-09-9255, 9648-09-9281, 9648-19-0117, and 9648-19-0123).
Owner: Duke Energy Progress LLC Summary of Petition: Project Site
The project area consists of five (5) properties totalling 4.11 acres located at 252 Patton Ave.
The project is bounded by Patton Ave, Clingman Ave, Hilliard Ave, Knoxville Pl, and W. Haywood St.
Clingman Ave is designated as a Key Pedestrian Street in the CBD zoning district.
The project site is currently zoned Residential Multi-Family Medium Density (RM-8) and Central Business
Conditional Zone (CBD-CZ) per Ord. No. 4725.
The project site is currently vacant, with the exception of a concrete pad and retaining structure to serve as the site for the future substation.
The project site is located immediately adjacent to the West End Clingman Avenue Neighborhood (WECAN).
Duke Energy worked extensively with the WECAN neighborhood during the original conditional zoning proposal and this subsequent amendment.
The site is designated “Downtown” on the Living Asheville Comprehensive Plan Future Land Use Map. A change to the Future Land Use map is not required. Overall Project Proposal
This request is for an amendment to the previously approved conditional zoning.
The original conditional zoning was approved for the purpose of constructing a new, gas-insulated (enclosed) substation.
This amendment to the conditional zoning would allow for a temporary, open-air substation, which is required to support other utility work in Downtown, including the rebuilding of the Vanderbilt Substation on Rankin St, behind Harrah’s Cherokee Center.
The tallest temporary transmission pole is proposed to be approximately 100’ in height. Two lightning masts on the temporary substation equipment are proposed to be approximately 70’ in height. The remainder of the elements of the temporary substation equipment are approximately 40’ in height.
An 8’-high chain link security fence will be installed around the perimeter of the site and the substation during this temporary phase.
All of the parcels will be recombined to create three new parcels. Lot 1 will support the substation while lots 2 and 3 will remain unimproved for future sale and development. Access, Sidewalks and Parking
A new, 12’-wide sidewalk is proposed along W. Haywood. The existing sidewalk on Patton and Clingman Avenues will remain in place. The sidewalk will be installed within six (6) months of the temporary substation going into operation.
No defined off-street parking is provided as part of the substation development. Service vehicles will access and park on the substation property as needed. UDO Compliance UDO Provision Requirement (COM EXP) Proposed Gross Floor Area: No maximum area. Not applicable. Density: No maximum density. Not applicable. Lot Size Minimum: None. 4.11 acres Lot Width Minimum: None. Approximately 600’ Building Height(s) Maximum: 145’ and 265’ except in areas of the Maximum height of 100’. Context Transition Edge. Building Setbacks Minimum: None, except 15’ side and rear when Varies and in excess of required adjacent to residential zoning districts. minimums Vehicle Parking Spaces: None, except hotel uses. Not applicable. Bicycle Parking Spaces: 5% of provided parking spaces. Not applicable. Open Space: None required. Not applicable. Impervious Surface Area: No maximum. Not applicable. Sidewalks: 10’-wide minimum. 12’-wide proposed along W. Haywood St at permanent phase; Retain existing on Patton and Clingman Aves. Tree Canopy Preservation: Management District: Downtown To be determined at final technical Classification: Class A review. Existing Canopy: TBD New street trees proposed along W. Property Line Does not a… Haywood St at permanent phase. Buffer Applicable Landscaping Standards Street Buffer Does not a… Street Trees Does apply Parking Does not a… Landscaping Building Does not a… Landscaping Screening Does not a… Project Conditions
The temporary substation shall not operate longer than 3 ½ years following its construction, or six months following the new Rankin Avenue substation being in operation, whichever is sooner
Subject to the approval of the North Carolina Department of Transportation, the rights-of-way along Patton and Clingman Avenue will be expanded an additional 12’ and 19’, respectively, onto the subject property in order to accommodate future transportation improvements. Technical Modifications
Permanent Phase
The project received the following technical modifications for the permanent substation building through the initial conditional zoning process, including:
A one-story substation building where a two-story minimum height is required.
Fenestration and opening percentages of less than the required 70% along Clingman Ave (Key Pedestrian Street) and the required 50% along other frontages.
North elevation on W. Haywood St: proposed 39%
South elevation on Hilliard Ave: proposed 32%
East elevation on Clingman Ave: proposed 31%
West elevation on Knoxville Pl: proposed 38%
Building coverage less than the required 80% along the Key Pedestrian Street frontage of Clingman Ave.
Setbacks of 80-90’ along W. Haywood St where a 0’ setback is required.
Temporary Phase
The project is seeking technical modifications to development standards through the conditional zoning process for the temporary substation phase, including:
Building, equipment, and utility structure height above the height limit in the Context Transition Edge, where height is limited to 1.5 times the distance from the context transition line, including: 45'-tall temporary substation equipment, 35'-tall permanent substation building, 75'-tall lightning masts, and 110'-tall transmission poles. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018)
The proposed development supports the following goals in the Living Asheville
Comprehensive Plan:
Encourage Responsible Growth: by ensuring that new development has the appropriate infrastructure to support it.
Make Streets More Walkable, Comfortable and Connected
by eliminating gaps in the city-wide sidewalk network.
The proposed development is compatible with the Future Land Use designation of “Downtown”, which is proposed, in part, as “...a version of Asheville’s sustainable and resilient future as a place to live, work, relax and visit among a vibrant and engaging urban environment… Toward this end, further enhancement of traditional and green infrastructure, such as sidewalks, stormwater, tree canopy, public spaces, broadband and multimodal connectivity should be prioritized and supported by sound urban design and placemaking principle”.
Compatibility Analysis:
The proposed mixed-use project is generally compatible with the surrounding land uses, including:
Multi-family residential uses to the east along Clingman Ave and further into Downtown.
Office and retail uses to the west on W. Haywood St.
Single-family residences to the south along Knoxville Pl and further into the WECAN neighborhood. Committee(s):
Technical Review Committee (TRC)
June 17, 2024
Approved with conditions.
Design Review Committee (TRC)
July 18, 2024
Approved (Vote 5:0) with the following conditions: 1) That the project seek staff approval for the location, extent, and configuration of the graphic portion of the temporary fence screening; and, 2) That the project pursue a secondary privacy fence along Knoxville Place and Hilliard Avenue if determined necessary for the project.
Planning & Zoning Commission (PZC)
August 7, 2024
Approved (Vote 4:1) with the following conditions: 1) That the temporary substation shall not operate longer than 3 ½ years following its construction, or six months following the new Rankin Avenue substation being in operation, whichever is sooner; 2) That the graphical inserts on the proposed security fence be composed of public art and/or neighborhood-related branding and design; 3) That Duke energy explore the possibility of constructing the proposed sidewalk and street trees during the construction of the temporary substation, with the option to use a standing sidewalk scoring pattern to allow for more seamless replacement of sidewalk section, as needed; and, 4) That the vesting period for the conditional zoning be reduced to three (3) years following City Council approval.
Staff Recommendation:
Staff recommends approval of this conditional zoning amendment request based on the reasons stated above. Mr. Mitchell reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the temporary site plan, (1) Temporary, open-air substation which is required to support other utility work in the Downtown, including the rebuilding of the Vanderbilt Substation on Rankin St, behind Harrah’s Cherokee Center; (2) Equipment height: Transmission pole: 100’, Lightning masts: 70’, and Other equipment: 40’; 3) 8’-tall chain link security fence; and (4) Out parcels to be recombined/subdivided for future development. Regarding the permanent site plan, (1) Original conditional zoning for a new, gas-insulated (enclosed) substation, one/two-story building at 25’ in height; (2) New 12’-wide sidewalk is proposed along W. Haywood, to be built within six months of the temporary substation going into operation; (3) Existing sidewalks on Patton and Clingman Avenues will remain in place; and (4) Landscaping to be installed during construction of permanent substation. He then showed permanent substation elevations. Conditions include (1) The temporary substation shall not operate longer than 3.5 years following its construction, or six months following the new Rankin Avenue substation being in operation, whichever is sooner; and (2) Subject to the approval of the North Carolina Department of Transportation, the rights-of-way along Patton and Clingman Avenue will be expanded an additional 12’ and 19’, respectively, onto the subject property in order to accommodate future transportation improvements. Regarding technical modifications for the permanent phase, the project received the following technical modifications for the permanent substation building through the initial conditional zoning process, including: (1) A one-story substation building where a two-story minimum height is required; (2) Fenestration and opening percentages of less than the required 70% along Clingman Ave (Key Pedestrian Street) and the required 50% along other frontages
North elevation on W. Haywood St: proposed 39%; South elevation on Hilliard Ave: proposed 32%; East elevation on Clingman Ave: proposed 31%; and West elevation on Knoxville Pl: proposed 38%; (3) Building coverage less than the required 80% along the Key Pedestrian Street frontage of Clingman Avenue; and (4) Setbacks of 80-90’ along W. Haywood St where a 0’ setback is required. Regarding the technical modifications for the temporary phase, The project is seeking technical modifications to development standards through the conditional zoning process for the temporary substation phase, including: Building, equipment, and utility structure height above the height limit in the Context Transition Edge, where height is limited to 1.5 times the distance from the context transition line, including: 45'-tall temporary substation equipment, 35'-tall permanent substation building, 75'-tall lightning masts, and 110'-tall transmission poles. He then briefed Council on the review process as follows: (1) Technical Review Committee (TRC)
June 17, 2024: Approved with conditions; (2) Design Review Committee (DRC)
July 18, 2024: Approved (Vote 5:0) with the following conditions: 1) That the project seek staff approval for the location, extent, and configuration of the graphic portion of the temporary fence screening; and, 2) That the project pursue a secondary privacy fence along Knoxville Place and Hilliard Avenue if determined necessary for the project; and (3) Planning & Zoning Commission (PZC)
August 7, 2024: Approved (Vote 4:1) with the following conditions: 1) That the temporary substation shall not operate longer than 3 ½ years following its construction, or six months following the new Rankin Avenue substation being in operation, whichever is sooner; 2) That the graphical inserts on the proposed security fence be composed of public art and/or neighborhood-related branding and design; 3) That Duke energy explore the possibility of constructing the proposed sidewalk and street trees during the construction of the temporary substation, with the option to use a standing sidewalk scoring pattern to allow for more seamless replacement of sidewalk section, as needed; and, 4) That the vesting period for the conditional zoning be reduced to three (3) years following City Council approval. 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. Councilwoman Roney was disappointed that we aren’t seeing a gas-insulated substation for improved safety and long-term investment in a stable electric grid as well as improved security. That said, she appreciated the design improvement of the walls instead of the fence and neon light show previously presented. Jennifer Bennett, Duke Energy’s Government and Community Relations Manager, thanked City Council for allowing them to provide reliable and resilient energy in Asheville. Mr. Justin Brown, Duke Energy’s Project Manager, said their community engagement team has a deep history working with Downtown Asheville Energy Investments, and includes a variety of professionals: Infrastructure Engagement,; Government and Community; and Media Relations. He did a brief overview of community engagement from the initial proposal in 2022, through Phase III (May-August, 2024). Addressing community feedback (1) visual impact mitigation and aesthetics (a) utilizing fence screening around site perimeter at Patton Avenue; and (b) developing conceptual designs to incorporate on fence screening; (2) pedestrian improvement (a) construct the West Haywood Street sidewalk during the temporary substation phase; and (b) sidewalk to be installed within 6 months of the temporary substation going into operation; (3) traffic and noise management (a) incorporating on-site flaggers to direct traffic; (b) construction will take place during weekdays to avoid busy evening and weekend traffic times; and (c) shared noise comparisons for temporary substation to alleviate concerns; and (4) commitment to Patton Avenue GIS (a) incorporated language in permit application to require removal of the temporary substation within 6 months of Rankin Avenue substation completion; and (b) begin construction on the Patton Avenue GIS substation in 2027. Ongoing engagement commitment is that they will continue to share proactive updates with neighbors at key project milestones (1) final regulatory approval and the start of prep work; (2) construction start at Rankin Avenue; (3) construction completion and temporary substation removal; and (4) construction start on the GIS substation at Patton Avenue. They will also continue to update the project webpage and monitor the project hotline to address any neighbor questions or concerns. Mayor Manheimer opened the public hearing at 6:23 p.m., and when no one spoke, she closed the public hearing at 6:23 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.
Assistant Director of Planning & Urban Design Chris Collins said that this is the consideration of an ordinance to consider the rezoning 99999 Long Shoals Road from RS-2 Residential Single-Family Low Density District to Highway Business District. This public hearing was advertised on August 16 and 23, 2024. Project Location and Contacts:
The rezoning petition consists of one property totalling 5.05 acres and located at 99999 Long Shoals Rd (PIN 9645-90-0001).
Owner: Windaade LLC Summary of
Petition:
The applicant requests a rezoning of one property to the Highway Business (HB) District.
The property is currently zoned Residential Single-Family Low Density (RS-2).
The property is currently vacant and undeveloped.
The subject property is designated “Parks and Open Space” on the city’s Future Land Use (FLU) Map, which is a result of the historic ownership of the property and the hydrology through the site. A change to the FLU Map to “Urban Corridor” is recommended for consistency with the designation of adjacent properties and the proposed zoning district.
A number of properties and project sites along Long Shoals Road have been rezoned from RS-2 recently, including three conditional zonings to the Residential Expansion district and a straight rezoning to the Highway Business district.
Comprehensive Plan Consistency:
The proposed rezoning supports a number of goals in the Living Asheville Comprehensive Plan including:
Encourage Responsible Growth
by prioritizing growth and development within designated growth areas.
Facilitate Real Estate Development that Maximizes Public Benefit
by establishing accessible and well-connected commercial nodes consistent with strategies outlined in the plan’s growth areas.
Create a Sustainable Path to Balanced Budgets
by promoting development in the growth areas identified in Living Asheville as a way of ensuring new development maximizes fiscal returns to the city.
The proposed rezoning, while not consistent with the current Future Land Use designation of “Parks and Open Space”, would make future development consistent with the adjacent Future Land Use designation and adjacent zoning, as well as recent development trends in the area which have included three conditional zonings and one straight rezoning totalling approximately 19 acres.
The proposed rezoning would be compatible with the proposed Future Land Use designation of “Urban Corridor” which is proposed, in part, as “redevelopment in the form of mixed-use residential, commercial and office uses that place emphasis on pedestrian-friendly amenities and infrastructure”.
Highway Business (HB) is cited as an appropriate zoning district within the Urban Corridor Future Land Use category.
Compatibility Analysis:
The purpose of the Highway Business (HB) zoning district is, “to address the needs of commercial development along major thoroughfares. Automobile-oriented development is prevalent within this district and a wide range of commercial uses is permitted.”
The proposed rezoning petition is compatible the surrounding land uses, including:
Highway Business (HB) zoned property to the east along Long Shoals Rd consisting of a variety of retail and service uses.
Institutional (INST) zoned property to the west along Long Shoals Rd.
Commercial Business II (CBII) and Residential Expansion
Conditional Zoning (RES EXP-CZ) zoned properties further to the west along Long Shoals Rd, consisting of existing retail and service uses, as well as planned multi-family residential uses. Committee(s):
N/A Pro(s):
Provides greater development potential along a major thoroughfare experiencing significant growth and redevelopment.
Opportunity to create a more uniform character between the eastern and western sections of Long Shoals Rd. Con(s):
Elimination of residentially-zoned land which is partially minimized by the limited existing development potential given the low-density zoning and environmental constraints of the site.
A reduction in natural open space and impacts to the existing wetlands and streams through the site.
Staff Recommendation:
Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Collins reviewed the existing and proposed zoning, the aerial imagery and the existing and proposed future land use maps. He then outlined the pros being (1) Provides greater development potential along a major thoroughfare experiencing significant growth and redevelopment; and (2) Opportunity to create a more uniform character between the eastern and western sections of Long Shoals Road. Cons found are (1) Elimination of residentially-zoned land which is partially minimized by the limited existing development potential given the low-density zoning and environmental constraints of the site; and (2) A reduction in natural open space and impacts to the existing wetlands and streams through the site. Regarding the compatibility analysis, the purpose of the Highway Business (HB) zoning district is, “to address the needs of commercial development along major thoroughfares. Automobile-oriented development is prevalent within this district and a wide range of commercial uses is permitted.” It is compatible with most of the surrounding land uses, including: (1) Highway Business (HB) zoned property to the east along Long Shoals Rd consisting of a variety of retail and service uses; (2) Institutional (INST) zoned property to the west along Long Shoals Rd; and (3) Commercial Business II (CBII) and Residential Expansion
Conditional Zoning (RES EXP-CZ) zoned properties further to the west along Long Shoals Rd, consisting of existing retail and service uses, as well as planned multi-family residential uses. 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 rezoning. Mr. Collins responded to Councilwoman Roney to confirm that our wetland regulations still apply. Councilwoman Roney said that dense development on transit corridors makes dollars and sense unless it creates other infrastructure issues like stormwater failure in the area. Mayor Manheimer opened the public hearing at 6:32 p.m., and when no one spoke, she closed the public hearing at 6:32 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.
Accela, Inc. is the primary permitting and code enforcement software system that has been used by DSD for over ten years.
A competitive request for proposals was completed in 2023 and a new vendor, Clariti, was selected to provide permitting and code enforcement services moving forward.
Based on the 18-month implementation calendar for Clariti, DSD needs continued access to Acclea to provide uninterrupted permitting and code enforcement services pending the launch of Clariti in late calendar year 2025.
This contract renewal provides continued access to Accela, Inc. through December 2025, at which point it will no longer be needed as the City will have fully transitioned to the new Clariti solution.
Vendor Outreach Efforts:
The City completed a competitive procurement process through a request for proposals in 2023 for permitting and code enforcement software.
That process resulted in the selection of Clariti as the new software provider for permitting and code enforcement.
This current contract renewal provides a bridge of uninterrupted service to the development community while the Clariti the Clariti platform is implemented.
Accela, Inc. is not an MWBE vendor. Committee(s):
None Pro(s):
Allows uninterrupted services for permitting and code enforcement. Con(s):
None
Fiscal Impact:
The software maintenance cost for Accela through December 2025 is $40,734.54. This software maintenance is currently budgeted through the Development Services Technology Fund.