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BY THE RECORDASHEVILLE
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Asheville City Council

October 22, 2019

Regular meeting

Public safetyOther City businessStreets and transitHousing

What it did

Votes recorded
21
Voted on separately
4
Routine items, one vote
17
Votes that split
0

Why it matters

Regular meetings are where Council votes on laws, the budget, contracts and zoning. Routine items pass together in one vote, called the consent agenda.

The recording

From the City of Asheville's YouTube channel. Nothing loads from YouTube until you press play.Open on YouTube

Everything on the agenda

From the minutes, in the order the City lists them. Each item's first lines are the minutes' own words.

PROCLAMATIONS

  1. Proclamation proclaiming October 22, 2019, as “Deerfield Residents Appreciation Day”

    “Mayor Manheimer read the proclamation proclaiming October 22, 2019, as "Deerfield Residents Appreciation Day” in the City of Asheville for their proactive commitment to being a part of the solution to addressing the City’s affordable housing needs.”

  2. Proclamation proclaiming November 1, 2019, as “Senior Suffrage Census Kickoff Day”

    “Councilman Haynes read the proclamation proclaiming November 1, 2019, as "Senior Suffrage Census Kickoff Day " in the City of Asheville.”

  3. Resolution authorizing the City Manager to enter into an automatic aid service renewal agreement with Reem’s Creek Fire Department

    “Adoption of the renewal of the automatic aid agreement between the City of Asheville and Reems Creek Fire Department Background:”

  4. Resolution authorizing the City Manager to sign a lease agreement and associated equipment memorandum of understanding with DeWine seeds - silver dollar baseball LLC for the continued use of McCormick Field by the Asheville Tourists

    “Adoption of a resolution authorizing the City Manager to sign a lease with DeWine Seeds-Silver Dollar LLC that will continue operation of the Asheville Tourists minor league baseball at McCormick Field.”

  5. Budget amendment from the N.C. Governor’s Highway Safety Program. 2020 dwi task force grant

    “This item has been removed from consideration.”

  6. Budget amendment from the N.C. Governor’s Highway Safety Program for the 2020 Bike/Safe North Carolina Grant

    “Approval of a budget amendment, in the amount of $5,000, for the North Carolina Governor’s Highway Safety Program, Bike/Safe NC 2020, Year 1 Grant.”

  7. Resolution authorizing the City manager to apply for, and accept if awarded, the 2019 high impact drug trafficking areas Grant

    “Adoption of a resolution to apply for and accept the 2019 High Intensity Drug Trafficking Areas (HIDTA) Grant and adopt a budget amendment in the City’s Special Revenue Fund in the amount of $285,416.”

  8. Resolution authorizing the City Manager to enter into an Interlocal Agreement with Buncombe County to support the African American neighborhood historic markers project

    “Adoption of an Interlocal Agreement with Buncombe County to support the African American Neighborhood Historic Marker Project Background:”

  9. Ordinance to address a gap in the City’s dangerous weapons Ordinance to prohibit dangerous weapons on City Buses, and update the existing dangerous weapons Ordinance

    “Motion to adopt an ordinance updating and amending the City’s dangerous weapons ordinance.”

  10. Resolution authorizing the procurement of video display equipment for the U.S. cellular Center from vendor Daktronics inc. and authorizing the City Manager to execute an Agreement to accept funds for this equipment with the Eastern Band…

    “Adoption of a resolution supporting the sole source standardization procurement of video display equipment for the U.S. Cellular Center and authorizing the City Manager to execute an Agreement with the Eastern Band of Cherokee Indians (EBCI) to accept funds for this equipment as part of the…”

  11. Resolution authorizing the City Manager to execute a contract with VHB Inc. to conduct a corridor study for Biltmore Avenue and McDowell Street

    “Motion to adopt a resolution authorizing the City Manager to execute a contract with VHB Inc., a transportation engineering and planning firm, not to exceed $200,000 to conduct a corridor study of Biltmore Avenue and McDowell Street.”

  12. Resolution authorizing the City Manager to amend the existing contract with Carolina Tractor & Equipment for services related to the repair and maintenance of city vehicles and Equipment

    “Adoption of a resolution authorizing the City Manager to amend the existing maintenance agreement with Carolina Tractor & Equipment to increase the annual contract value from $300,000 to $500,000.”

  13. Resolution of Intent to permanently close an unopened alley known as Lennox Court and setting a public hearing on November 26, 2019

    “Adoption of a Resolution of Intent to schedule a public hearing for November 26, 2019, to close an unopened right of way known as Lennox Court Background:”

  14. C. General Statute Sec. 160A-299 grants cities the authority to permanently close streets and alleys. ● The Jewish Community Center has petitioned the closure and owns one adjacent property, 236 Charlotte Street (PIN # 9649-54-9870). ●…

    “This closure allows maximum land use potential for further development in accordance with Living Asheville - A Comprehensive Plan for our Future.”

PRESENTATIONS & REPORTS

  1. Manager’s report - transit update

    “City Manager Campbell said that City staff would love to extend bus hours; however, we do not have the funding.”

PUBLIC HEARINGS

  1. Public hearing to consider the conditional zoning of 1 South Tunnel Road from regional business district to mixed use expansion/conditional zone to allow a mixed-use development that includes residential, retail, service and…

    “Page 19 At the request of the applicant’s attorney, Vice-Mayor Wisler moved to continued this public hearing until December 10, 2019.”

  2. Public hearing to consider conditional zoning multiple parcels from Community Business II District to residential expansion district/conditional zoning for a 130-unit retirement community located at 213 Long Shoals Road; (a portion of)…

    “403, 420, 440, 439, 99999, AND 433 OVERLOOK ROAD EXTENSION ORDINANCE NO. 4773 - ORDINANCE TO CONDITIONALLY ZONE MULTIPLE PARCELS FROM COMMUNITY BUSINESS II DISTRICT TO RESIDENTIAL EXPANSION DISTRICT/CONDITIONAL ZONING FOR A 130-UNIT RETIREMENT COMMUNITY LOCATED AT 213 LONG SHOALS ROAD; (A PORTION…”

UNFINISHED BUSINESS

  1. Ordinance amending the City of Asheville Charter to provide for at-large elections for members of the City of Asheville City Council

    “City Attorney Brad Branham said that this the consideration of an ordinance amending the City of Asheville Charter to provide for at-large elections for members of the City of Asheville City Council.”

  2. Ordinance to consider amending the City of Asheville Charter to provide that Asheville City Council elections be conducted by the nonpartisan primary and election method

    “City Attorney Brad Branham said that this is the consideration of an ordinance amending the City of Asheville Charter to provide that Asheville City Council elections be conducted by the nonpartisan primary and election method.”

NEW BUSINESS

  1. Resolution repealing the Fee Grant Program for Affordable Housing Development adopted by

    “Community Development Program Director Paul D’Angelo said that this is consideration of approval of a “new” stand alone Fee Rebate Policy.”

  2. Resolution amending the City of asheville’s Land Use Incentive Grant Policy

    “Community Development Program Director Paul D’Angelo said that this is the consideration to adopt an amended Land Use Incentive Grant Policy Background: 10-22-19 Page 27”

INFORMAL DISCUSSION AND PUBLIC COMMENT

  1. Public comment

    “Four individuals spoke in support of Council adopting a climate emergency resolution.”

Voted on separately

Each of these had its own motion and vote.

  1. Rezones 213 Long Shoals Road, with conditions, from Community Business I to Residential Expansion District Conditional zone.

    Passed. Everyone present voted yes.

    More from the minutes
    • What the minutes say it will do: “The project includes common open space in a number of locations on the site and will include walking paths and community amenities.”
    • “The project site consists of seven parcels with a combined area of 6.32 acres located at 213 Long Shoals Road; 420, 440, 439, 99999, 433 and a portion of 403 Overlook Road Ext (PINs 9644-69-4238, 9644-68-7922, 9644-68-5885, 9644-68-4985, 9644-69-4071, 9644-69-5091 and a portion of 9644-69-6391).”
    • “There are 130 residential units proposed, which necessitates a rezoning via conditional zoning to Residential Expansion District due to the number of units.”
    • “The 130 individual units are proposed to be included within one building, approximately 179,400 square feet in size, and three-stories in height (approximately 44 feet).”
  2. Amends the City of Asheville Charter to provide for at-large elections for members of the City of Asheville City…

    Passed.

    More from the minutes
    • “The two proposed charter amendments would reinstate primary elections to be held in March, and return all Council positions to at-large elections.”
  3. Amends the City of Asheville Charter to provide that Asheville City Council election be conducted by the nonpartisan primary…

    Passed. Everyone present voted yes.

    More from the minutes
    • “The two proposed charter amendments would reinstate primary elections to be held in March, and return all Council positions to at-large elections.”
  4. Amends the City’s Land Use Incentive Policy.

    Passed. Everyone present voted yes.

    Who it's for: Households earning up to 60% of the area median income: up to $61,440 a year for a family of four, or $43,020 for one person (HUD's 2026 income limits for tax-credit housing in the Asheville area).

    More from the minutes
    • “In November of 2010, City Council first adopted a Land Use Incentive Policy that provided incentives to encourage development projects that fulfill important public purposes directly addressing annual strategic goals set by Council like affordable housing.”
    • “Addition of points for serving Low Income Individuals & Families under 60% AMI”
    • “Points for Rehab / Redevelopment with added language that at a minimum, a 1 to 1 ratio of the redeveloped / rehabbed units must be targeted at the same Area Median Income (AMI) as the original units.”

Routine items, passed together

The consent agenda: items Council approves in one vote, without separate discussion. A member can ask to pull an item out for its own vote.

  1. Adds money to the budget from Deerfield Episcopal Retirement Community, Inc., for an affordable Housing Trust Fund donation.

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • The money, in the minutes' words: “Action Requested: Adoption of budget amendment in the Housing Trust Fund in the amount of $250,000 from Deerfield Episcopal Retirement Community, Inc.”
    • “As part of this discussion, the lack of Affordable Housing combined with a lack of local resources to adequately address the issue was identified as a major challenge for the City of Asheville.”
    • “These funds will be transmitted to the City of Asheville Affordable Housing Trust Fund for the sole use and purpose of providing affordable housing within the corporate limits of the City of Asheville and for no other purpose.”
  2. Adds money to the budget from Federal Transit Administration program section 5307 Funds, for transit operations.

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • The money, in the minutes' words: “Action Requested: Adoption of budget amendment in the amount of $517,767 from Federal Transit Administration Section 5307 Funds (NC-2019-047).”
  3. Signs a contract with B.H. Graning Landscapes Inc. for the Old Toll Road slide stabilization project.

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing the City Manager to execute a contract with B.H. Graning Landscapes, Inc. in the amount of $485,453.48 plus a 15 % contingency of $72,818 ($558,271.48 total) for work to stabilize Old Toll Road.”
  4. Changes the contract with Carolina Tractor & Equipment for services related to the repair and maintenance of city vehicles and Equipment, raising the limit to $500,000.

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing the City Manager to amend the existing maintenance agreement with Carolina Tractor & Equipment to increase the annual contract value from $300,000 to $500,000.”
    • “The agreement is currently in the second year of four optional renewal periods.”
  5. Applies for the 2019 high impact drug trafficking areas Grant, and accepts it if awarded.

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • What the minutes say it will do: “The purpose of the HIDTA program is to reduce drug trafficking and production in the United States, specifically in areas where drug related activities are having a significant harmful impact.”
    • The money, in the minutes' words: “ORDINANCE NO. 4769 - BUDGET AMENDMENT FOR THE 2019 HIGH IMPACT DRUG TRAFFICKING AREAS GRANT Action Requested: Adoption of a resolution to apply for and accept the 2019 High Intensity Drug Trafficking Areas (HIDTA) Grant and adopt a budget amendment in the City’s Special Revenue Fund in the amount of $285,416.”
  6. Lets the City Manager execute a contract extension with WNC Landscaping LLC for the Fiscal Year 2019 Downtown Cleaning project.

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • What the minutes say it will do: “The contract allows for two one-year extensions if the contractor performs satisfactorily and agrees to the extensions.”
    • The money, in the minutes' words: “10-22-19 Page 15 Action Requested: Adoption of a resolution authorizing the City Manager to execute a contract renewal with WNC Landscaping, LLC., in the amount of $226,202 plus a 15 % contingency of $33,930 ($260,132 total) for the contract known as Downtown Cleaning.”
  7. Signs a contract with VHB Inc. to conduct a corridor study for Biltmore Avenue and McDowell Street.

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • What the minutes say it will do: “The purpose of the study is to analyze multimodal transportation mobility on Biltmore Avenue and McDowell Street, along with consideration of parallel and connecting streets.”
    • The money, in the minutes' words: “Action Requested: Motion to adopt a resolution authorizing the City Manager to execute a contract with VHB Inc., a transportation engineering and planning firm, not to exceed $200,000 to conduct a corridor study of Biltmore Avenue and McDowell Street.”
  8. Signs a contract with the Archer Company to conduct a Classification and Compensation study for the city of asheville.

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing the City Manager to enter into a contract with The Archer Company in the amount of $145,000 and authorize the City Manager to approve change orders in the amount of $5,000 for a maximum total of $150,000 to complete the classification and compensation study.”
  9. Applies for the 2019 edward byrne Justice of assistance Grant, and accepts it if awarded.

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • The money, in the minutes' words: “ORDINANCE NO. 4767 - 2019 EDWARD BYRNE JUSTICE OF ASSISTANCE GRANT Action Requested: Adoption of a resolution to apply for and accept the 2019 JAG Grant and adopt a budget amendment in the City’s Special Revenue Fund in the amount of $60,531.”
    • “Ensures the ability to better protect the safety of the residents of Asheville and Buncombe County.”
  10. Adds money to the budget from N.C. Governor’s Highway Safety Program, for the 2020 Bike/Safe North Carolina Grant.

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • The money, in the minutes' words: “Action Requested: Approval of a budget amendment, in the amount of $5,000, for the North Carolina Governor’s Highway Safety Program, Bike/Safe NC 2020, Year 1 Grant.”
  11. Signs an agreement with Reem’s Creek Fire Department.

    Passed with the routine items, in one vote, without discussion.

  12. Lets the City Manager sign a lease agreement and associated equipment memorandum of understanding with DeWine seeds - silver dollar baseball LLC…

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • “Starting January 2020, a short term lease is proposed for two years.”
    • “Any proposed major repairs are processed through the City’s CIP budgeting process.”
  13. Signs an agreement with Buncombe County to support the African American neighborhood historic markers project.

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • What the minutes say it will do: “This agreement will make the City responsible for the maintenance and replacement of the markers in the event of catastrophic damage.”
  14. Address a gap in the City’s dangerous weapons Ordinance to prohibit dangerous weapons on City Buses…

    Passed with the routine items, in one vote, without discussion.

    More from the minutes
    • What the minutes say it will do: “The proposed Ordinance would prohibit, with limited exceptions, the bringing of firearms or dangerous weapons into City buildings or the grounds of City buildings, as well as certain designated recreational facilities.”
    • “In the course of preparing a proposed, transit-specific ordinance, it was further determined that the City’s current dangerous weapons ordinance- Sec. 12.42 of the City Code- should additionally be updated to conform with guidance from the North Carolina Attorney General’s Office, and to clarify its scope.”
    • “The proposed Ordinance would further prohibit the bringing of dangerous weapons onto City Owned buses.”
    • “The proposed ordinance will address a gap in the City’s dangerous weapons ordinance in that it will prohibit dangerous weapons on City buses, and will further update the existing dangerous weapons ordinance, which was adopted in 2011.”
  15. Buys video display equipment for the U.S. cellular Center from vendor Daktronics inc.

    Passed with the routine items, in one vote, without discussion.

The plain-language lines are written by fixed rules from each item's official title, which is on each decision's page. Every vote the minutes record is listed; procedural motions, like approving the minutes or adjourning, are left out.