523  MINUTES BREVARD CITYCOUNCIL Regularl Meeting August 19,2024-5:30F PM  The Brevard City Council met in regular session on Monday, August 19, 2024,at 5:30 p.m. att the Mary C. Jenkins Community & Cultural Center withl Mayor Copelof Present - Mayor Maureen Copelof, Mayor Pro Tem Gary Daniel, and Council Members Mac Morrow, Aaron Baker, Pamela Holder, and Lauren Wise Staff Present- - City Attorney Mackl McKeller, City Manager Wilson Hooper, City Clerk Denise Hodsdon, Assistant City Manager/Finance Director Dean Luebbe, Planning Director Paul Ray, Assistant Planning Director Aaron Bland, Senior Planner Emily Brewer, Human Resources Director Kelley Craig, Communications Coordinator Becky McCann, Police ChiefTom Jordan, Public Works Director Wesley Shook, Water Treatment Plant ORC Dennis Richardson, Community Center Director Tyree Griffin, Police Sergeant Alyssa Coburn, and members ofl Brevard Police Department Press-J Jon Rich, Transylvania Times and Dan DeWitt, Brevard NewsBeat A. Welcome and Call to Order- - Mayor Copelof called the meeting to order B. Invocation - Council Member Rev. Dr. Pamela Holder of Bethel "A" Baptist C.Pledge of Allegiance - Mayor Copelofl led the pledge of allegiance. D. Certification of Quorum - City Clerk Denise Hodsdon certified thata E. Approval of Agenda - Mr. Morrow requested to add an item under New Business as Item M-1 to consider and discuss public hearing item) J-1Traffic Schedule Amendments-No Parking Areas and' Three-Way Stops. Mr. Baker moved, seconded by Mr. Daniel to approve the agenda as amended. The motion carried unanimously.  presiding.  and welcomed those present to Council's first meeting at thel Mary C. Jenkins  Community & Cultural Center. Church offered an invocation.  quorum was present.  F. Approval of Minutes  F-1. June 26, 2024 Joint' Trail Workshop - Ms. Holder moved, seconded by Mr. Morrow to approve the minutes oft the] June 26, 2024 Joint" Trail Workshop as presented. F-2. August 5, 2024 Regular Meeting - Mr. Wise moved, seconded by Mr. Baker to approve the minutes oft the August 5, 2024 Regular Meeting as presented. The  The motion carried unanimously. motion carried unanimously. G. Public Comments  David English of37 Grove Circles said Ireceived my city tax billl last week and there was an unexplained: stormwater fee oni it. Iwent to City Hall and found out through the' Tax Office thatt that stormwater fee is for stormwater maintenance in the city, which lunderstand and see the need fori it. Where! Ilive is an older neighborhood where the pipework is over 70; years old. Ilive on al hill, sol have af feef fors somethingl don'tactually get thes service for. My water runs down 275 feet to al branch whichI thinki is part oft thes stormwater service. My question is didy you also consider things like people who have green roofs, permeable sidewalks or permeable driveways. Iread that    524  itis based offi impermeable surfaces, which was based off of thes square footage ofy your house and your roof. Iknow that Brevard needs that; Ihave seen a lot ofareas where therei isa al big need for stormwater maintenance andi improvement. Iami not trying to debate the fee;lam just wonderingi iftherei is any..fore example Ihave: aj pipe that runs underneath thes streeta and dumps all that water downhill on thel back of my property for around 200 feet. It doesn'tactually get to the creek because there'sas swale and al berm so ifitg getst therei itg gets there through groundwater. Two summers ago, I went to Public Works anda askedi ifld could do aj joint project to get thej piping all the way down to the creek and Ileft there under the impression that that was all on me, thatt there was not anyl kind of city responsibility or city projects that could bej jointly done. Doug Harris of1 153 Franklin Street said Ihave: spoken to several ofy you one-on- one regarding thisi issue and Iwant to make a formal request before the whole bodyt to haves something: added to thel UDO. Iwould like to see a requirement: added that ifa project stalls, as we'vel had several construction projects stall, for a certain amount of time, that thea applicant be required to clean up the site, regrade ita and seed it. Ifyou think aboutt the City Camper site, andt there is another multi-family residential site out on Old Hendersonville Hwy. that has been sitting somewhat under construction, but most of thes sitel has not! been worked oni in quite a while. Those: sites are gravel, they are mud for ther neighbors, andt they are very unsightly for people coming into townl by way of those roads. Ilive on Franklin Street and mye entire back property linei is adjacent tot the Presbyterian Church property where there has been lots of conversation about al housing project and whilels support that project and look forward to there being! housing there, do not look forward to the possibility that they would clear that lot and then something! happens to the viability of that project, and therel be perhaps years of mud and dirt construction material. Itisas simple thing to require the: applicant to clear their site and Idon't think thati is onerous to the applicant, sol I would: suggest Scott Barnett of123 Gillespie Circle: said Iam heret to asky you to consider a sign ordinance for political signs along thel lines of the one that applies to elections. Ithinki it is 30 days before and they have be taken down 10 days after. Lately there has! beena proliferation, and Ithink they are an eyesore. There are al lot oft them; some oft them went upi inj June, SO we willl havel been looking at them for 3, 4 or 51 months by the time of the election. To me 30 days prior to the election seems like aj perfectly reasonable Jay Farrell of 309 W. Probart St. said Iwant to thank the Mayor, the Council, the Manager and Police Chief for taking great interesti in thet traffic problems on Probart Street and doing due diligence and haste to get thej job done. For the sake of safetyl urge everyone tot take action on traffic calming and the 3-way stop as soon as possible Morris Jenkins of1 148 W. Probart St. said thank you for all your work. Twoj years ago several of us went to Wilson and started working on Probart Street traffic calming. Wel had aj public meeting here atl Mary C.) Jenkins several months ago and Iappreciate all your work on this. Iwouldj just encourage yout to go ahead and approve thes stop signs and thej plan for thes street cushions without having tol have further public appearance. Onac different note, thank you to whoever put the grip strips on thel bridges at Bracken. Linda Gallo of 671 Probart St. said Iwantt to thank you for considering: and passing and funding the speed cushions and: stop signs on Probart. lagree with my neighbors; we wouldl like tos see that happen as quickly as possible and we appreciate thaty youl havel had that concern for our street and taken care ofthat. Jimmy Veal of1 187 Pinnacle Road said Iwant to thank those of you that managed tos squeeze al little timei iny your schedule for me tos sit down and slide some pieces of paper across thet table toj you. Iwant to reiterate that I'ml here to try to rectify the situation with respect to thel bottom 200 feet oft the Bracken' Trail blocking access to5 or6 61 parcels ofland up there. Ifanybody doesn't believe that thet trail blocks access, please call me: and we can walk up there. Ibelieve thati is al factual statement. Wel have been through a number of responses of why iti is likei iti is or maybe why you all don't  that you work with staff and addt that to the ordinance.  amount oft time for a political sign to be posted.  Minutes - Brevard City Council Meeting- August 19,2 2024  Page 2of10    525  need to do anything: abouti ita and just want to make sure that Iam on record disagreeing with any of you that think you don'ti need to dos something about it. Sometimes people bring upt thel legal argument. Iam having flashbacks to the Golden Rulei inl kindergarten and no matter what, thisi is wrong. Blocking access toj peoples' property steals the value ofit. In this particular situation iti makes it disappear and you can'tpretend that it's nott there because everybody's been paying taxes on its since taxes started. The value is based on being able to get access toi it. Ibrought up in conversations with a couple ofy you thati in 2005 there was a steering committee established that set upt the future of Bracken. A shorty year later there was a resolution passed that said that thej purpose oft the right-of-way was to construct and improvea road. No one told anybody that you were going tol build al biket trail that obliterated the function of ther road that had been there fora a hundred years. So, the amount of money that youg gavet those people was] pennies on the dollar ifyou factor in the fact thaty you have blocked access tot their property. Let's try to still work together and come up with as solution because when thel lawyers geti involved, it gets really murky and expensive.  H. Certificates/Awards/Recognition  H-1. Badge Pinning Ceremony- - Alyssa Coburn Promotion to Sergeant- ChiefTom Jordan recognized Police Officer Alyssa Coburn who has been promoted to Sergeant. Chief] Jordan presented! St. Coburn with her Sergeant's badge, and retired  Police Lt. Rick Harbin pinned thel badge on her uniform.  I. Special Presentations  I-1. Housing Presentation Mr. Hooper reported that the public engagement sessions regarding the Presbyterian Church property have been postponed pending furthers study. He informed Council that hel has signed the contract amendment and we should have thati information in the next couple weeks and we can discuss our next steps att that time. Hei introduced Senior Planner Emily Brewer who gave a PowerPoint presentation thati included an overview oft the City's housing initiatives over the past two years and nexts steps for the next fiscal year. Ac copy of Ms. Brewerspresentation is  attached.  J. Public Hearing(s)  J-1. Traffic Schedule. Amendments- No Parking Zones and' Three-Way Stops - Mr. Hooper explained that the proposed amendment includes two changes to the' Traffic Schedule: 1) a 3-way stopa at thei intersection of Railroad Avenue and Probart Street; and 2) to make the wests side ofl Railroad Avenue, alongt thet trail from Probart Street to where the trail crossesj just past Whitmire! Street, a no parkingz zone to prevent cars from parking nextt to thet trail. Thel Public Safety Committee has discussed the amendment: and has recommended approval. Mr. Hooper added thata a third element of traffici improvements, which does not require an amendment tot the' Traffic Schedule, is the plan to convert the right turn! lane on the east side of Railroad Avenue between French Broad Street and Whitmire Street to an on-street parking area, which should At6 6:36 p.m. Mayor Copelof asked fora a motion to open the public hearing. Mr. Daniel so moved, seconded by Ms. Holder; the motion carried unanimously. Public Hearing Public Participation - Morris Davis of 363 Probart Street saidI havel lived on Probart Street for 43 years on the corner of Galloway and Probart. I speak tonight to the urgency of this! happening att the corner of Probart: and Railroad Avenue. The traffici is liket that Christmas song' "gee thet traffici ist terrific" and on that corner where Ilive Galloway comes in: straight and 25 feet later therei is White Oak Lane that goes at an angle. Thati is one block from the three-way stop thati is needed so badly. Mys speaking this evening is because oft the urgency ofi it. Thet traffici isl horrible; people sayt they don'ts speed, but they do. Thet traffici increased horribly in thel last 43 years that Ihavel lived there and Ibelieve that whati is proposed for the three stop signs at Railroad and Probarti is going tol be a great answer to the problem. Across the street  accommodate 5 or 6spaces.  Minutes Brevard City Council Meeting- August 19, 2024  Page 3of10    526  from me therel havel been four! houses built since] January. They are building two more on' White Oak right now. Each time they comei into worki in thet morning there are about 16 pickup trucks and all thatt traffic, combined with all the cement trucks and trucks from Lowe's and other places, and school traffic, it can be horrible, and Ibelieve that whaty you! have) proposed is going tol be wonderful. But! hurry; it's urgent and lives area at stake, Wel havel lots of children and lots ofe elderly people and they need to bes safe.  Public] Hearing Closed - At 6:39 p.m. Mr. Wise moved, seconded by Mr. Daniel to J-2. Proposed. Amendments to City of Brevard Code of Ordinances Chapter 14-D Dangerous Dogs- - Chief Jordan explained that this proposed amendment expands the options available to the City when we encounter a dog that could be deemed dangerous or potentially dangerous. Ite expands the definition of dangerous dogand allows for an expanded due process for those owners of dogs declared as dangerous, with the goal to create a safer environment for everyone with their pets. The draft amendment was approved byt thel Public Safety Committee ati its] July 22nd meeting and At 6:41 p.m. Mr. Morrow moved, seconded by Ms. Holder to open thej public Public Hearing Public Participation- - Susan Azar of 12 Hilt Street Extension said Iencourage you to support thej proposed dangerous dog language. Irepresent over 20 neighbors, and wel have worked closely with thel Public Safety Committee and the Chief ofl Police on thisi issue. Unfortunately, wel have personal experience with a dangerous dog, whichi is what started the whole discussion. The language thati is being proposed would give the police more tools andi more flexibility. The current lawi is actually in the North Carolina statute and in our research we found three other jurisdictions that modified thel lawl because ofs similar situations and concerns. Brevard would be the fourthi int thes state and thes second city in the state to modify thel language. Ithink there isar need and unfortunately we found out ther reason for the need as the other jurisdictions dida as well. Iencourage: your support for the modifications to thel language andI Ithinki iti isi important thati it gives them thea ability andi itl keeps us all: safe.  close the public hearing. Ther motion carried unanimously.  referred to Council with ar recommendation to approve. hearing. The motion carried unanimously.  Public! Hearing Closed - At6 6:43 p.m. Ms. Holder moved, seconded by Mr. Morrow K. Consent and Information- Consent. Agenda items are considered routine and are enacted by one motion. Mayor Copelofr read aloud thei items listed and asked for ar motion to approve the consent agenda. Mr. Wise moved, seconded by Mr. Bakerto  to close the public hearing. Thei motion carried unanimously.  approve the consent: agenda. The motion carried unanimously. K-1. Tax Settlement Report-July,2024  K-2. Project Ordinance WWTP Upgrade or Replacement Project CAPITALPROJECT ORDINANCETOI ESTABLISH WASTEWATER TREATMENTPLANT BEITORDAINED by the City Council oft the City of Brevard, North Carolina that pursuant to Section 13.2 of Chapter 159 oft the General Statutes of North Carolina, the following capital projecto ordinance isl hereby Section 1:The Wastewater Treatment Plant is approaching 80% capacity which signals the City to begine exploring ways toi increase capacity. A new Wastewater Treatment Plant would likely exceed $50,000,000 inc cost, butt the Cityi isa also exploring whether an upgrade to the current Plant would betters serve the future needs oft the community. This will almost certainly be the first of  ORDINANCE NO. 2024-30 UPGRADE ORI REPLACEMENT PROJECT  adopted:  many project amendments associated with thisi important project.  Minutes- Brevard City Council Meeting- August 19, 2024  Page4of10    527  Section 2: The City has contracted with KCI Associates of North Carolina, P.A. in the amount of $352,000 top perform preliminary engineering as highlighted in Section! 5. (Statement of Work), of the agreement. Funding will be provided from a transfer from the Water and Sewer Fund of $357,800, which City Councila approved asa a component oft the FY24-25 budget on) June 3,2 2024.  Section: 3: The following: amounts: area appropriated for the project:  Account Number 31-8220-0925  Account Name Professional: Services  Budget Amount $357,800 $357,800 BudgetAmount $357,800 $357,800  TOTALPROJECT. APPROPRIATION  Section 4: The following revenues area anticipated tol be: available for projectexpenses:  Account Number 32-3760-1908  Account Name Transf from Gen Fund- WWTP  TOTALE PROJECT REVENUE contractual: agreements, ifapplicable. and orderly and timely manner.  Section 5: The Finance Director is hereby directed to maintain within the capital project fund sufficient specific detailed accounting records to satisfy the disclosure requirements of all the Section 6: Funds may be advanced from the General Fund or from any Enterprise Fund as necessary for the purpose ofr making payments as due. Reimbursement: requests shall ber madei in Section 7: The Finance Director is directed tor report, ona a quarterly basis, ont the financial status Section 8: The Finance Director is furtheri instructed toi include a detailed analysis of past and future revenues and expenses during each annual budget submission made to the Governing Section' 9: Copies oft this capital project shalll bef furnished tot the City Clerk, Finance Director and  ofeach projecte element in Section: 3: and Section 4.  Board.  City Manager for directioni inc carrying out this project.  ADOPTED by the City Council oft the City of Brevard, North Carolina, on this  19th day of August, 2024. Attest: Denisel Hodsdon, City Clerk Approved ast toF Form: Mack! McKeller, City Attorney  s/ Maureen Copelof, Mayor  K-3. Resolution Fixing: a Date ofl Public Hearing for Annexation - Jason ARESOLUTION FIXING Al DATEOF PUBLICI HEARING ONT THE QUESTION OF ANNEXATIONI PURSUANTTOI NCGS 160A-31, AS AMENDED WHEREAS, aj petition was received onj July 1,2024, requestingt the annexation ofa contiguous area describedi ins said Petition as a portion oft thej Jason Shepherd property at 35 Verdery Avenue, Brevard, NC 28712, consistingo of0.101 acres, more orl less, be annexed into the Cityo ofE Brevard. (Tax WHEREAS, thel Brevard City Councill has by Resolution No. 2024-30 directed the City Clerkt to WHEREAS, certification by the City Clerka ast tot thes sufficiency ofs said petition hasl been made. NOW,THEREFORE, BEI ITI RESOLVEDI BY1 THE CITY COUNCIL OF1 THE CITY OFI BREVARD, Section: 1. Thatap publicl hearing ont the question ofa annexation oft the contiguous area described below asr requested by] Jason! Shepherd, willl bel held atl Brevard City Hall at5 5:301 P.M. ont the 16th dayof  Shepherd, 35 Verdery. Avenue  RESOLUTIONI NO. 2024-33  Propertyl Identification' Number: aj portion of8 858528-6101-000):and  investigate the sufficiency thereof; and NORTH CAROLINA THAT: September, 2024.  Section 2. The: area proposed for annexation is described asf follows:  Minutes- Brevard City Council Meeting- August 19, 2024  Page! 5of10    528  That certaing piece ofland being locatedi int thes state of North Carolina, county oft Transylvania, township ofE Brevard. Beginning ata anu unmarked point ont the existing! line oft the City ofE Brevard Limits ando ont ther northern right ofv way line of Verdery Ave., also being! located ont thes southern line oft that property ofJ Jason M. Shepherd describedi in Deed Book 765 Page 452, said property beingt that 0.34 Acret tracts shown onP Plat File 165 Slide 749. Thencer running with the existing City of Brevard Limits, a curve witha ana arcl lengtho of1 113.84, witha ar radius ofs 983.05, witha ac chord bearing of N4 42°18'23" W, witha a chord length of1 113.78', to an unmarked pointi int ther northern line oft the beforer mentioned tract, saidp point! beingo ont thee existing! line of City ofE Brevard Limits. Thencel leavingt the existing City of Brevardl limits andr running with the Earnest Duncan line a course $76'10'43" Wac distance of 18.15' toa1/2" Rebarf found, the southwest corner oft the Earnest Duncan property describedi in Deed Book 320F Page1 140. Thence with the Bobby Tuckerl line a course S1 14'14'36" Ea distance of2 20.0l'toa1/2" Rebarf founda ata 3"spindle guards stake, the southeast corner oft the Bobby Tucker Tract describedi in Deed Book 332 Page 469. Thence with thel line oft the other property owned! by Jason M. Shepherd, describedi inl Deed Book 765 Page 436, fort two calls, $13-27'48" Ea distance of4 4.95' toa5/8" Rebar and Caps set, thences S: 13-3743"Ead distance of7 75.06' to a5/8" Rebar and Caps set. Thencel leaving the Shepherd tract described in Deed Book 765 Page 436 and traveling along the northern right of wayl line of Verdery Ave. N 76"09'56" Ea distance of7 72.55' to an unmarked point ont the existing line oft the Cityo ofE Brevardi Limits, whichi ist thep point of beginning. Containing 0.101 acres, more orl less. Beinga ap portion oft the property conveyed to Jason! M. Shepherd inl Deed Book 765 Page 452. Alsos shown as" "This Portion of Property tob be Annexed +/-0.101 acres" on a plat prepared by David L. Burrellt titled' "Plat ofa Boundary/Annexation: Surveyf for Jason! M. Shepherd" being drawing number 24-27-REVISED and dated June 20, 2024-Revised. July 23, 2024. Referencei is hereby madet tos said plat fora a mored complete anda accurate description. Thei intent oft the landowner,. Jason M. Shepherd, isto annex any portion oft the property described in Deed Book 765 Page 452 that is noti int the existing City Section 3. Notice ofs said public! hearings shall! be published in the' Transylvania Times,a newspaper havingg general circulationi int the City of Brevard, atl least ten (10) days prior to the date ofs said Section 4. This Resolution: shalll become effective uponi its adoption and approval.  ofE Brevard Limits, into the City ofE Brevard limits.  public! hearing.  Adopted and approved this the 19th day of August, 2024. K-4. Estatoe' Trail 30% Design Contract  Attest: Denise! Hodsdon, City Clerk  s/ Maureen Copelof, Mayor  RESOLUTIONI NO. 2024-34 DESIGN OF1 THEI ESTATOETRAIL  AUTHORIZING CITYI MANAGERTOI EXECUTE AGREEMENT WITH SUMMIT ENGINEERING FOR: 30% WHEREAS, on August 19, 2024 the Brevard City Council was presented withi information, summarized int thea affixed staffr report, ont the terms ofap proposed agreement between City ofE Brevard and Summit Engineering fort thej professional: services related to30% design oft the Estatoe' Trail between NOW,THEREFORE, BEI ITI RESOLVEDI BY THE CITY COUNCIL OF BREVARD, NORTH The City Manager (or his designee) isl hereby authorized tor negotiate and execute necessary agreements with Summit Engineering' for thej purposes described int the: above referenced: staff report.  Main Sta and Brevardl High School; CAROLINA THAT:  Approved and: adopted this 19th day ofA August, 2024. City of Brevard and Monte' Vista, Inc.  Attest:. Denise Hodsdon, City Clerk  s/ Maureen Copelof, Mayor  K-5.) Joint Agreement for Reciprocal Access Easements by andl between the AUTHORIZING CITY MANAGER TOI EXECUTE. AGREEMENT WITH MONTE VISTAI INC. FOR WHEREAS, on August 19, 2024 the Brevard City Council was presented withi information, summarized: int the affixeds staffr report, ont the terms ofap proposed agreement! between City ofBrevard and! Monte Vista Inc. forr reciprocal access agreements top privatel Laurel Falls Rd. and Bracken Preserve,  RESOLUTION NO. 2024-35 RECIPROCAL ACCESS EASEMENTS  respectively;  Minutes- Brevard City Council Meeting- August 19,2 2024  Page6 6of10    529  NOW,THEREFORE, BEITI RESOLVED! BY THE CITY COUNCIL OF BREVARD, NORTH The City! Manager (orl his designee) ish hereby authorized tor negotiate and execute necessary agreements withl Monte Vista Inc. fort the purposes describedi int the above referenced: staff report.  CAROLINA THAT:  Approved and adopted this 19th day ofA August, 2024.  Attest: Denise! Hodsdon, City Clerk  s/N Maureen Copelof, Mayor  K-6. Council Housing Committee Minutes- - June 11,2024 K-7. Council Public' Works & Utilities Committee Minutes - July 1,2024 K-8. Correspondence (No Action. Offered as information only.)  a. Land of Sky RPOTechnical. Advisory Committee Minutes - June 20,  2024  L. Unfinished Business  L-1. Proposed Amendments to City of Brevard Unified Development Ordinance Chapters! 5 and 13 - Requirements for Underground Wiring- - Aaron Bland recalled that Council held ap public hearing on this amendment ati its meeting on August 5, 2024. Thisi isa as staff-initiated text amendment to clarify thei intent and specific requirements regarding underground wiring for new developments. The Planning Board recommended: approval oft the amendments. Mr. Morrow moved, seconded by Mr. Wiset to approve thej proposed amendment. The motion carried unanimously.  ORDINANCE! NO. 2024-31  ANC ORDINANCE/ AMENDINGTHE UNIFIED DEVELOPMENT ORDINANCE: CHAPTERS-BUILDINCT TYPES AND. ARCHITECTURAL STANDARDS AND CHAPTER: 13- INFRASTRUCTURE IMPROVEMENTSTO CLARIFY DEVELOPMENT REQUIREMENTS) FOR UNDERGROUND WIRING  WHEREAS, the City ofE Brevard Planning Boardi has recommended that the Brevard City Code, WHEREAS, the City Council oft the City of Brevard finds that thej proposed amendmentis  Unified Development Ordinance bea amended; and,  consistent with the followinga adopted plans and policies oft the City ofE Brevard:  Building Brevard Comprehensive Land Use Plan:  Goal 8:" "Plan fore efficient, equitable, and resilienti infrastructure: and services that maintaina and improve quality oflifet throughout the city." and, WHEREAS, aj public! hearing was conducted on! Monday, August 5, 2024, by the Brevard City Council, and, after! hearing all persons wishing to comment, and upon review and consideration oft the proposed amendments, itist the desire oft the City Council oft the City ofE Brevard Unified Development NOW,THEREFORE, BEI IT ORDAINED BYTHE CITY COUNCIL OF' THE CITY OFI BREVARD, SECTION 01. Brevard City Code, Unified Development Ordinancei isl hereby amended as depicted SECTION 02. Ast to any conflict between this Ordinance and any parts ofe existing ordinances, the SECTION 03. Ifanys section, subsection, paragraph, sentence, clause, phrase or portion oft this Ordinance ist fora anyr reason] heldi invalid or unconstitutional bya any court ofc competent jurisdiction, such portion shalll be deemed severable and: such holding: shall nota affect the validity oft the remaining portions SECTION 04. This Ordinance: shall bei in full force andi ine effect from and: after the date ofits  Ordinancel be: amended as outlined below. NORTH CAROLINA THAT:  inE Exhibit A, whichi isa attached hereto and incorporated! herein by reference.  provisions oft this Ordinance shall control.  hereof.  adoption anda approval.  Adopted and approved this the 19th day of August 2024.  Minutes- Brevard City Council Meeting- August 19,2024  Page7of10    530  Attest: Denise Hodsdon, City Clerk Approved ast to Form: MackN McKeller, City Attorney M. New Business  s/ Maureen Copelof, Mayor  M-1. TrafficSchedule, Amendments- - No Parking Zones and' Three-Way Stops- Mr. Morrow moved, seconded by Mr. Baker to approve the amendmentsas  presented. The motion carried unanimously.  ORDINANCE! NO. 2024-32 AN ORDINANCE AMENDING THECITY OF BREVARD' TRAFFICSCHEDULE  WHEREAS, a publici meeting was conducted on Monday, August 19,2024, by Brevard City Council, anda after review and consideration oft the proposed: amendments, itist the desire ofthe City Council oft the City ofE Brevard that Section 66-50 oft thel Brevard City Code of Ordinances be amendeda as NOW,THEREFORE, BEI IT ORDAINED! BYTHE CITY COUNCIL OF THE CITYC OF BREVARD, Section: 1. The City of BrevardTraffic and Code of Ordinances is hereby amended as described Section 2. Add! Wests side of Railroad Avenue from West Probarts Street toanointapproximately 300 feet northeast ofi intersection with) Whitmire Street to City ofE Brevard' Traffic Schedule 1,Section 66- Section: 3. Remove) West! Probart Street from Railroad Avenue from City of Brevard' Traffic Section 4. Addy West Probart Street and Railroad Avenue to City of Brevard' Traffic Schedule XI- Section 5. The City Clerk oft the City of Brevard is hereby authorized: and directed tor revise and amend thec official records and thel Brevard7 Traffic Schedule to reflectt the change as setf forth! herein. Section 6.1 The City Manager oft the City of Brevard isl hereby: authorized: and directed to cause the appropriate signst tob bei installed and enforcement oft the foregoing provisions tob bei implemented. Section" 7.1 This Ordinance shalll bei inf full force and ine effectf from and after the date ofits  outlined below. NORTH CAROLINA' THAT:  below:  122 No Parking Areas.  Schedule! XI-A, Section 66-72 Stop Before Entering Certain Intersections.  G,Section 66-72' Three-Way Stopi Intersections  adoption and approval.  Adopted and approved ont the 19th day of August, 2024. N. Remarks/Future Agenda Considerations.  Attest: Denise Hodsdon, City Clerk Approved ast to Form: Mack McKeller, City Attorney  s/ Maureen Copelof, Mayor  Ms. Holder commented that when wel look att traffic planning we may want to consider looking at thei intersection of Oakdale: and W. Main Street. Shes said traffic turning ontol Main St. from Oakdale can'ts see cars coming because of cars parked on Main St. and youl have to get outi into thei intersection before you can see traffic coming. She suggested perhaps some: sorto ofwarningl light could bei installed to alert turning Mr. Wise offered congratulations to! Sgt. Coburn for her promotion. He also offered congratulations tol David' Todd, our new Assistant City Manager and to Wesley Shook for beingr named permanent Public Works Director. He reemphasized the importance ofhousing: andi reminded everyonet that we have a partner in this in our county and county commissioners. He said Iwould encourage all ofu us to continue to Mr. Morrow said when] Ifound outl last week that our Mayor was chosen to speak at thel North Carolina Trails Conference..doesnt: Brevard have on heck ofa story to talk about trails? He mentioned. an article in today's newspaper regarding Brevard being  traffic thatal vehiclei is approaching.  reach out them tos see what we can do inj partnership with them.  Minutes- - Brevard City Council Meeting- August 19,2 2024  Pages 8of10    531  recognized as one off fifteen communities int the official North Carolina Trail' Town Guide. Itisar real plug to recognize the achievements the City! has made. Mr. Daniel said to somewhat echo what Mr. Morrow said, Iam often sitting at these meetings thinking what a great staffv wel have that is making all these things Mr. Baker said lam proud to bei in this space at MCJCCC. So much oft the work that wenti into creating this space and reopening this center happenedi in the decade beforel Iwas on Council and al lot of people on this stage contributed toi ita and there area lot of people who aren't! here who contributed toi ita as well. Itisa great representation oft the City ofl Brevard, buti iti is also a very: symbolic building, and Ithink iti is symbolic for ust tol be here and celebrate thei importance oft thel history of Rosenwald and Black citizens in Brevard, but also of our future asa city as one collection of communities. I am really proud that we were able tor make this happen. He expressed thanks to staff for theire efforts in making tonight's meeting happen here. Hes said the other thing! Iam proud about is working toward 30% design plans on the remaining sections oft the Estatoe' Trail. We completed as section in' Tannery last year and the other section in Tannery North willl be completed early nexty year, but we: still havea a couple sections to get us all the way from Main Street tot thel High School. Hopefully that willl lead to grant money and other progress that willl help us make that dream ar reality. Finally,lam  happen. Iappreciate ita and thank you to all of you.  proud of our work on housing.  Ms. Hodsdon thanked Tyree Griffin, Becky McCann and Katherine for all their Mr. Hooper announced that David Todd has been named our next Assistant City Manager fori infrastructure, utilities and public works. Hei is known int this community already! having worked atl Ecusta Mille earlieri in his career. Most recently he was the Associate Vice Chancellor of Campus Operations for UNC Asheville for thel last 20 years where hel has overseen capital projects similar to the capital projects we are expecting to undertake here int they years to come. Hel brings a strong skillset and familiarity with North Carolina construction laws, bidding laws and all those things we have to navigate around for big capital projects. He starts work on August 29th and we are happy tol have Mayor Copelof said againt tonight you can see how much we. have going on in Brevard and thati isa a tribute to the quality of our staff. She offered congratulations to Wesley Shook and noted iti is amazing the amount of work thatl Public Works does. Let's keep in mind that all thel little things that we want to see happen in this city, it takes somebody toi make them happen and our staff does ani incredible job. Shes said therei is nothing morej joyful than watching our employees succeed and progress and offered congratulations to Sgt. Coburn. She added that she attended the Western North Carolina Affordablel Housing Conference last week: and there were representatives from over 20 counties and cities. That tells you thee extent oft this immense problem; we are not alone in this problem, but we: are leading the wayi ina al lot of different initiatives, and we are building collaborations and partnerships because no one can do this alone. She mentioned that she had thel honor ofr representing the cityi in welcoming incoming Brevard College students and att the Schenck) Job Corps. Career Day. She said we were honored tol be one of the communities chosen toj present at thes statewide trails conference. We willl have an Ecusta Trail publici inputs session on! September 10thf from 5-7pmi in the Rogow Room. Other upcominge events include the first event of America's 250th Celebration this Sunday at Silvermont at 2:00 pm to celebrate the anniversary of North Carolina's 1st Provincial Congress. We are partnering with Blue Ridge Community College for ther next. Age Exchange Program event on August 26th at 9:00 am atl MCJCCCI regarding building, your personal wellness plan. The next Meet the Mayor  help with setup fort tonight's meeting and livestreaming.  him join our team.  willl be on August 22ndat11:30 atl MCJCCC. 0. Closed Session - None.  Minutes- Brevard City Council Meeting- August 19,2 2024  Page9of10    532  P.A Adjourn- - There being no further business, at? 7:10 p.m. Ms. Holder moved, seconded by Mr. Morrow, to adjourn ther meeting. The motion carried unanimously.  Buniotudee Denise Hodsdon, CMC City Clerk  Maureen Copelof Waeleplg Mayor  Minutes Approved: September3.2024  Minutes- - Brevard City Councill Meeting- August 19,2 2024  Page 10of10    BREVARD NORTHCAROLW  Affordable Housing Initiatives Update  City Coundl/August19,2024  What is affordable housing?  Housingi is considered' affordable" ifaf family is paying less than 30% of their annual income on housing-related  expenses.  Housing expenses include rent plus utilities or mortgage, insurance, and propertyt taxes plus utilities.  Families livingi in affordable housing! have more income than cost burdened households to cover other expenses like childcare, health care, transportation, or food.  BREVARD  PLANNINGI DEPARTMENTI2  Income Limits in Transylvania County  AMI 30% Extremely Lowl Income 50% Very Lowl Income 60% Low! Income 80% Low-to-Moderate Income BREVARD  1-person $16,170 $26,950 $32,340 $43,120  2-person $18,480 $30,800 $36,960 $49,280  3-person $20,790 $34,650 $41,580 $55,440  4-person $23,100 $38,500 $46,200 $61,600 PLANNINGI DEPARTMENTI3    Who is Brevard's workforce?  Median Annual Wages $34,159 $35,570 $37,000  $44,580 $45,776 $46,330 $48,360 $50,710  $41,370  $25,680 $28,170 $29,050 $30,840  $22,080 $23,470  A  Employmentandw WageE Estimates,A MountainN Northo  Moy  confmedoningiobview withthe CiyofBrevardor Transylvaniod County! Schools  BREVARD  PLANNING DEPARTMENTI4  Who is Brevard's workforce? Transylvania County Areal Median! Incomes (AMI)- - One Person Househoid*  30% $16,170 $430  50% $27,000 $670  60% $32,340 $860  80% $43,120 $1,080  Income (annual) 1-BR Affordable Rent (per month)  Average rentalr rate fora1 1-BR uniti is $1,960/month. fasafApril  Senior Resident Restaurant! Server (Socials Security Income)  Firefighter  Elementary! School Teacher Source: OMwynianup2OMaaN PLANNINGI DEPARTMENTI 15  BREVARD CROUN,  The Need  Number of Households with Housing Needs by Income Level  Renter  Homeowner  Atl least 530 LMI renters and 305 LMI homeowners have housing needs in Brevard. Oft these households, approximately. 50% are severely housing cost- burdened. The number of households with housing needs has likely grown post-pandemic.  200 180 160 140 120 100  110  <30%AMI 30-50%AMI 50-80%AMI 80-100%AMI 100%+A AMI Housing Need: householdsv with) housingneed(1)s spendatleast3 30oftheir annualincomec onhousing-r -relatedcosts, (2)liveir unitsw plumbingor Source: DFIAnalysisol kitchenfa facilities,o or(3lliveinunitsw withmoret than 1personperr room.  HUDC CHAS(2020) PLANNING! DEPARTMENT/6  BREVARD CAROLI    The Need  The rise in housing costs over the last three years has likely increased the number of  cost-burdened households.  Post-pandemic there are continued pressures on limited housing stock. Increasingly competitive market with vacancy rates below 2%  Population growth, 50% increase int home sales, anda at tripling of seasonal-use properties has Land and construction costs are pushing up prices for both homeowners and renters. The highest price rental units (over $1,000/month) have more than doubled. The average home sale price increased nearly 30%, and price of new homes has more  reduced rental availability.  than doubled. BREVARD  Source: DFIAnalysis PLANNINGI DEPARTMENTI7  Housing Identified as Top Priority Building Brevard 2030 Comprehensive Land Use Plan the character of Brevard andi its neighborhoods."  AIll long-range planning efforts int the past 20y years have highlighted housing as a critical effort Ranked as the mosti important goal: "Expand housing opportunities for all residents while preserving City Council elevated the Housing Committee to al Policy Committee and expanded it'ss scope to Housing Policy Action/ / Funding categorized as' "Category 1: Essential" in City Council's FY23-24 and  City Council's Response beyond the Housing Trust Fund FY24-25! Strategic Planning Retreats Legislative agenda setting anda advocacy  BREVARD  PLANNING DEPARTMENTIB  Housing Goals & Local Government Solutions  Creating New Affordable Units The Cityo can uset thep policies, programs, andt tools ati its disposal toa allowi fort thec creation ofr more affordablel housing. Preserving Existing Affordable Housing The City cani implement policies andp programs top protect the affordable/ workforce housing created byt the market. Supporting Affordable Housing Programs The City cane engage with otherst toi investi in ands support affordable/workforcel housing programs andp projects. Reviewing Regulatory Environment The City can review the provisions ofit its UDO1 to ensure the regulatory environment cana accommodate housing development: ata alip price ranges.  BREVARD  PLANNINGI DEPARTMENT 19    Missing Middle Housing Allowed By-Right Triplexes and Quadraplexes (June 2022) Accessory Dwelling Units Increased Size (December 2022) Cluster Home Development (May 2024) Infill Development Allowances Irregular Lotsa and Road Frontage Requirements (September 2022) Subdivision off Private Roads in ETJ (June 2024) Group Developments and Interior Lots (June 2024) Short-Term Rental Regulations (August2 2023) Only permitted ins some zoning districts Permanent Resident Exemption Architectural Standards (Anticipated Fall 2024) Ensuring larger developments align with the character of Brevard Addressing concerns voiced! by neighboring residents  Regulatory Changes  BREVARD NORTHCAROLNA  Collaboration with Non-Profits and Local Advocates Brevard-Davidson River Presbyterian Church Brevard-Transyvania Housing Coalition Better Alignment with County Housing Efforts (Ongoing) Participation in Transylvania County Housing Study County Support for PRO Housing Application/ /Azalea Neighborhood: Sewer Extension Regional Participation (Ongoing) Asheville Regional Housing Consortium (distributing HOME Funding-F Fairhaven Meadows) Land of Sky Regional Housing Alliance (coordinating efforts Legislative agenda setting and advocacy  (Ongoing)  Habitat for Humanity  Partnership and Regional Participation  region-wide)  BREVARD NORTHCAROLNA  Housing Trust Fund Improvements (March 2023) Alignment with City's priorities ands statutory authority Housing Trust Fund Contribution (Ongoing) FY2023- -equal to2d cents of property tax FY2024-equal to 1.5 cents of property tax Identifying City-owned sites for disposition (new!) Development Finance Initiative Contract (Ongoing) Conducted Housing Needs Assessment Identified opportunity sites for potential city-supported project Facilitated Lease Agreement with Brevard-Davidson River Identifying community priorities, assessing financial feasibility, Pursuing State, Federal and Private Grants (Ongoing) Azalea/ / Rhododendron Neighborhood: Sewer Extension Habitat for Humanity' Woodland Terrace Sewer Extension  Funding and Subsidy  Presbyterian Church and soliciting developer partner Preservation Program Funding  BREVARD NORTHCAROLINA    PRO Housing Round 2  Project Proposal  Extending sewer to Azalea / Rhododendron neighborhood: along Old! Hendersonville Highway * "$21 Million Extending sewer tol Habitat for Humanity's Property on Woodland" Terrace * $800,000 Endowing the Housing Trust Fundf for preservation programs * "$1 Million Funding Announced * August 13th Publicl Hearing * September 16th Application Due * October 15th  Timeline  Legend  Limts  BREVARD  Summary & Key Takeaways  Affordable housing has been identified as at top priority for the City time and time again. There is no one-size-fits-all. solution ins solving the affordable housing crisis ina and around Brevard. An assortment of solutions are required to reach different income Fora al local government with limited resources, collaboration, creativity, and persistence The work undertaken to date has set the stage for new housing to be created. The City continues to address regulatory barriers, apply for new funding opportunities,  levels and provide different residential product types. ina addressing the housing crisis are oft the utmost importance. and pursue a city-supported affordable housing project.  BREVARD  PLANNINGI DEPARTMENTI 114    THISPAGE1 INTENTONALYILEFTELANK