MINUTES  City Council Public Works & Utilities Committee  Monday, July 1, 2024-3:30PM City Council Chambers  Members Present: Mac Morrow, Chair, Council Member  Lauren Wise, Vice-Chair, Council Member Owen Carson, Citizen Member Mayor Maureen Copelof, Ex-Officio Wilson Hooper, City Manager Wesley Shook, Acting Public' Works Director Dennis Richardson, Water Treatment Plant Supervisor Emory Owen, Wastewater Treatment Plant Supervisor Aaron Winans, WWTP Staff Alex Shepherd, Assistant to the City Manager Denise Hodsdon, City Clerk Aaron Bland, Assistant Planning Director Daniel Trusler, Tracie Trusler, Harvey Sankey  Staff Present:  Guests:  A. Welcome and Call to Order  Committee Chair Mac Morrow called the meeting to order at: 3:33 pm.  B. Certification of Quorum  Assistant to the City Manager Alex Shepherd certified that a quorum was present.  C.A Approval of Agenda  Motion by Mr. Wise, seconded by Mr. Carson to approve the agenda as presented.  The motion carried unanimously. D. Approval ofl Minutes 1. June 5,2024  Motion by Mr. Carson, seconded by Mr. Wise to approve the minutes oft the June 5, 2024 meeting as presented. The motion carried unanimously.    E.I In Use RightofWay' Closure Policy  Mr. Hooper said this policy stems from a request we received from a property owner in Bracken Preserve, which previously went before the Parks, Trails, & Recreation Committee. He explained thatv what we have provided to the committee is the petition to closei in-use streets and alleyways, following closely what is required by state law. However, it primarily deals with abandoned alleys and rights of way that are not in use, There is a lack of clarity on what to do when we receive petitions to close in-use rights ofway, so I propose that we add some guidelines. The first question is whether the committee is even willing to entertain requests to close Mr. Carson asked ifM Mr. Hooper had ever received a request to close an in-use right Mr. Hooper said yes, the three experiences that Ihave had have all been inside: a downtown grid that were underused but open. In each case, the City came toa compromise with the requester, allowing them tol keep the streets open to emergency vehicles but blocking them to normal traffic. However, they did require Mr. Carson mentioned that it sounds like they never exactly closed access entirely. Mr. Hooper said Ih have included a couple of] provisions in the policy. On page 8,it tries to establish conditions under which we would consider closing an in-use right ofway. It reads thati ift the right of wayi in question is in use by vehicles, pedestrians, or utilities which, by their size and complexity, cannot be maintained by the City with an easement alone, the City reserves the right to require the petitioner to, atl his or her cost, relocate the right of way and relevant infrastructure. The relocation and realignment shall be built to a similar or better standard than the existing infrastructure and must not materially affect the functionality of the infrastructure as determined by the City Manager. The process for the petitioner to complete is Mr. Carson said if there is not a statutory reason to reject it, then It think we. should atl least evaluate it. He asked where exactly we are talking about in relation to Mr. Wise said he's hesitant to rule something out without evaluating it as well. Mr. Hooper said it isi in Bracken Preserve near the parking lot, which is now occupied bya a trail. The petitioner has asked us to convert thatl backi into vehicle access sO that the properties adjacent to the right ofway are accessible to vehicles. Mr. Carson said it seems that he wants to connect driveways to undeveloped lots.  in-use rights ofv way. ofway in his career.  the petitioner to cover. all costs.  included in the document as well.  Bracken Preserve.  Minutes- Council Public' Works and Utilities Committee Meeting-July1 1,2024  Page 2 of5    Mr. Hooper said essentially, this policy would allow him to access those lots viaa a Mr. Morrow said the City acquired that right of way through eminent domain. Mr. Hooper. saidi ifv we granted it, itwould take a piece of public infrastructure eand Mr. Wise asked what's the rule about flag lots and lots that are not accessible.  driveway, but! he would have to pay to move the trail.  renderi itinaccessible.  Mr. Morrow said we now allow flag lots.  Mr. Wise asked if he could build his own infrastructure on his own property. Mr. Bland said yes, he could even build access on his neighbors' propertyifthey Mr. Morrow said he would be reluctant to give him any right of way because thatis  both agreed toit.  our only connection into Bracken Preserve. Mr. Hooper asked about general requests to close.  Mr. Morrow said they would have to prove its public benefit and that the public Mr. Wise asked if we could quantify the benefit of closing the right of way. Mr. Hooper said that! he did noti include the: ability to quantify in the proposal but said he would explore it further. He said the petitioner would receive a private benefit, but we can try to describe if there would be both a publicand private F. Unopened Right ofWay Encroachment Agreement - Oak Street  would notl lose.  benefit.  Mr. Bland said some time ago, there was the abandonment ofaj portion oft the Oak Street right ofway. The Truslers would like to use a small portion of the fence to denote the end oft their driveway. Iti is within the right ofway, but there is a sewer line that runs through there. He said they would need an encroachment agreement and al hold harmless agreement but wanted to receive the blessing of this  committee. the driveway. the sewer line.  Mr. Trusler said he would like to install two pieces of split rail fence just to denote Mr. Bland said thel hold harmless agreement would protect the City if we need to fix  Minutes - Council Public' Works and Utilities Committee Meting-July1,2024  Page 3of5    Ms. Trusler mentioned that other people in ther neighborhood said they can use the Mr. Hooper said he would have tol looki into it. Butl Id don't think a right of way means thati it is intended to be accessible and passable. Itj just means the City owns ita and At 4:06 PM, Mr. Carson moved, seconded by Mr. Wise, to recommend the approval of the encroachment and hold harmless agreement for the Truslers' property on Oak Mayor Copelof said she thought we were going to conduct an analysis of rights of Mr. Bland said he presented thel list and Council did notinform him to do anything Mayor Copelofs said it was tol help identify and protect the City's right of way tol help  right ofv way.  can use it for ouri infrastructure.  Street. The motion passed unanimously.  way in relation to the trail.  with the list.  connect the trails together.  G. Discussion of Special Order of Consent  Mr. Hooper said there hasn't been much of an update on this. He mentioned that Mr. Fuller from Summit Engineering has agreed to consult with us. Also, Transylvania County has funds left over from one oft their utility projects that they might be willing to Mr. Morrow asked if we will receive a closeout report on the Gallimore Project.  share with us.  Mr. Hooper said yes. H. Public Comment  Mr. Sankey asked ift there is an agreement with the engineers working on the  wastewater project that City Council passed.  Mr. Hooper provided Mr. Sankey with a copy of the: agreement.  Ms. Hodsdon said she will be taking minutes in the future as Mr. Shepherd will be Mr. Morrow: asked for an update on the septic tank hauler project at the Wastewater Mr. Winans said they need to finalize the electrical work and integrate the flow meter. They are also looking to get an extension from the State for peracetic acid.  leaving the City for another opportunity.  Plant.  Minutes- = Council Public' Works and Utilities Committee Meeting- -July1,2024  Page 4 of5    Mr. Hooper said he signed the KCI Master Services Agreement and is waiting for them to send him the Statement ofWork so he can sign that as well.  Set Date for Next Meeting  The next regular meeting oft the Public Works & Utilities Committee was scheduled  for Wednesday, August 7, 2024 at 3:30 p.m.  Adjourn  There being no further business, the meeting was adjourned at 4:37 p.m.  Xhac Moube  Minutes Approved: August 7,2024  Mac Morrow Chair, Council Member  Xbnilplaim  Denise Hodsdon CityClerk  Minutes - Council Public' Works and Utilities Committee Meeting- - July 1, 2024  Page 5of5