Asheville City Council
February 14, 2023
Regular meeting
WaterOther City businessHousingStreets and transit
The short version
14 decisions: 10 approved together in one consent-agenda vote, and 4 voted on separately.
- Council approves the Land Use Incentive Grant application for for Cohen-Esrey Development Group at 157 New Leicester Highway.
Passed. Everyone present voted yes.
- Council rezones 157 and 99999 New Leicester Hwy, with conditions.
Council voted to rezone 157 and 99999 New Leicester Hwy, with conditions, from Residential Multi-Family High Density (RM-16) and Highway Business (HB) to Residential Expansion - Conditional Zone (RES EXP-CZ).
Passed. Everyone present voted yes.
- Council approves a contract with Asheville Area Habitat.
Council voted to approve a contract with Asheville Area Habitat for Humanity and the asheville-buncombe community christian ministries to provide thee agencies grant funding the City received from the Dogwood Health Trust American Rescue Plan Act advantage Affordable Housing funding.
The short version is picked by a fixed rule, never by the order of the minutes: split votes and failed motions first, then changes to a program, a service or who qualifies, then the largest amounts, then budgets, zoning, laws and fees. Schedules, appointments, event permits and tax refunds come last.
The recording and the record
What residents raised
The topics public speakers raised, as the minutes list them. These are residents' comments, not findings.
- concern around funding McCormick Field renovations
- suggestion to build theaters in the downtown area
- concern of Plugged-In Productions holding amplified musical events at Hazel Robinson Theatre
- support for change in our current election system
- disconnect in conversations between citizens and City Council
- support for housing
- need to spread the creativity in Asheville
- request to allow food trucks in downtown between 11:00 p.m
Voted on separately
Each of these had its own motion and vote.
Passed. Everyone present voted yes.
Who it's for: Households earning up to 80% of the area median income: up to $81,920 a year for a family of four, or $57,360 for one person (HUD's 2026 income limits for tax-credit housing in the Asheville area).
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- What the City says it's for: “The proposed project will provide twenty-nine (29) affordable units (20% of the total units) to individuals and families earning at or below 80% AMI, with 19 (50% of the affordable units) accepting rental assistance, for an affordability period of thirty (30) years.”
- The money, in the minutes' words: “For 16 years and 29 affordable units at or below 80% AMI, the city will grant back a total of $1,688,299 over the 16 years of the LUIG which equals $58,217 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes as noted in the LUIG Policy.”
- “able units is 15 one bedroom units and 14 two bedroom units.”
- “Affordable Rental Housing”
- “The proposed project will accept 15 Housing Choice Vouchers / Rental Assistance in the community, and possibly consider more.”
Council rezones 157 and 99999 New Leicester Hwy, with conditions.
Passed. Everyone present voted yes.
Who it's for: Households earning up to 80% of the area median income: up to $81,920 a year for a family of four, or $57,360 for one person (HUD's 2026 income limits for tax-credit housing in the Asheville area).
More
Council voted to rezone 157 and 99999 New Leicester Hwy, with conditions, from Residential Multi-Family High Density (RM-16) and Highway Business (HB) to Residential Expansion - Conditional Zone (RES EXP-CZ).
- What the City says it's for: “The proposed project would result in a total impervious area of 51%.”
- “Based on the proportion of these classifications and the existing tree canopy, a total of 26,240 square feet of tree canopy preservation is required, which the project is meeting through preservation on-site.”
- “Open Space is required at a rate of 20% of the site as the project meets the incentive requirements for enhanced stormwater management, resulting in 42,863 square feet of required open space, which the project is providing.”
- “Regarding conditions, he said 28 units (20%) will be designated affordable at 80% Area Median Income (AMI) for a minimum of 20 years - 14 of these affordable units (50%) will accept housing choice vouchers.”
What that means
- Conditional zoning:
- Zoning for one property with conditions the owner must follow, such as a site plan or a cap on size.
Passed. Everyone present voted yes.
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Council voted to adopt a resolution to permanently close an unopened right-of-way connecting to the east side of Buncombe Street between Commerce Street and Aston Street, associated with the Central United Methodist Church.
- “The length of the proposed closure is approximately 152 ft long by 25 ft wide.”
What that means
- Right-of-way:
- Land set aside for a street, sidewalk or path. An unopened right-of-way was never built as a street.
Official title
Passed. Everyone present voted yes.
Approved together on the consent agenda
10 items, approved in one vote without separate discussion. Any member can pull an item out for its own vote.
Council approves a contract with Asheville Area Habitat.
More
Council voted to approve a contract with Asheville Area Habitat for Humanity and the asheville-buncombe community christian ministries to provide thee agencies grant funding the City received from the Dogwood Health Trust American Rescue Plan Act advantage Affordable Housing funding.
- The money, in the minutes' words: “At the September 13, 2022 Council meeting, City Council authorized the City Manager to enter into a grant agreement with Dogwood Health Trust; and approved the associated budget amendment from the Dogwood Health Trust ARPA Advantage Affordable Housing funding in the amount of $1,600,000.”
- “Adoption of a resolution authorizing the City Manager to sign contracts with Asheville Area Habitat for Humanity and Asheville Buncombe Community Christian Ministries to provide these agencies grant funding the city received from the Dogwood Health Trust’s ARPA Advantage Affordable Housing funding.”
- “In May 2022 the City of Asheville responded to a request for proposals from the Dogwood Health Trust to leverage the American Rescue Plan Act (ARPA) funds that the City is investing in affordable housing.”
- “Asheville Area Habitat for Humanity (AAHH) and Asheville Buncombe Community Christian Ministries (ABCCM) applied for City of Asheville ARPA funding for affordable housing projects.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
Official title
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- What the City says it's for: “The plan would analyze routes, ridership demands, various fleet sizes and fuel sources, necessary infrastructure investments, emissions and carbon production, and the short and long term financial investments (capital and operating) required for each.”
- The money, in the minutes' words: “Execute purchase orders in the amount of $2,139,722, for four (4) 30-foot diesel Gillig buses utilizing the Washington State Department of Enterprise Services Cooperative Purchasing Agreement approved by the Washington State Department of Enterprise on October 20, 2021. 2.”
- “At this time, the City has 5 buses past the recommended useful life of a bus, given that they have over 500,000 miles and have been in service for 13 years.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
Council changes a contract for the Comprehensive Facilities Study.
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Council voted to change its contract with Creech and Associates for the Comprehensive Facilities Study.
- What the City says it's for: “The requested amendment provides further clarification and standardization in the assessment of the prior Operations and Maintenance (O&M) Study provided by IBI Group in 2020.”
- The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing the City Manager to execute a contract amendment with Creech & Associates, PLLC up to a revised amount of $391,070 for the Comprehensive Facilities Study. 2-14-23 Page 10 Background:”
- “The previous O&M study included the proposed relocation of the Public Works Department.”
- “The City owns more than 1.6 million square feet of facilities, of which about 900,000 square feet are occupied or operational.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
Council approves an agreement with the N.C. Historic Preservation Office.
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Council voted to approve an agreement with the N.C. Historic Preservation Office to accept a grant to facilitate National Alliance of Preservation Commissions training for preservation commission volunteers and staff in the Western North Carolina region.
- The money, in the minutes' words: “The Historic Resources Commission/City of Asheville has been awarded a Historic Preservation Fund grant in the amount of $9,000.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
More
Council voted to amend Sec. 3, ART. i, Ch. 3 of the Asheville City Code to enhance the regulation concerning human interaction with wild animals to increase the Safety of both.
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
Council adopts the revised Water Shortage Response Plan 2022 (drought Plan).
More
Council voted to adopt the revised Water Shortage Response Plan 2022 (drought Plan).
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
More
Council voted to approve an agreement with Buncombe County to select a vendor to manage and implement the blue ridge horizons project.
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
Council changes a contract for stormwater design services at the Municipal Golf Course.
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Council voted to change its contract with the John R. McAdams Company Inc. for stormwater design services at the Municipal Golf Course.
- What the City says it's for: “This contract amendment will allow for construction design documents and project oversight to be completed for the stormwater portion of the Municipal Golf Course project.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
Official title
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- “This is another opportunity to tell the story of the hard work we are doing and sharing the successes together.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
More
Council voted to renew its agreement with Azteca Systems, LLC for the enterprise asset management system software license, maintenance and support.
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
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
Introduction of new Superintendent of Buncombe County Schools dr. Rob Jackson
“Mayor Manheimer introduced the new Superintendent of Buncombe County Schools Dr. Rob Jackson.”
Proclamation proclaiming 2023 as “Year of the Trail”
“Mayor Manheimer read the proclamation proclaiming 2023, as "Year of the Trail" in the City of Asheville.”
Proclamation proclaiming February 20-26, 2023 as “Invasive Species Awareness Week”
“Councilwoman Turner read the proclamation proclaiming February 20-26, 2023, as "Invasive Species Awareness Week" in the City of Asheville.”
CONSENT AGENDA
10 consent-agenda items, approved together in one vote.
PRESENTATIONS & REPORTS
MANAGER’S REPORT: Second Quarter Fiscal Year 2023 Financial Report
“Budget Manager Taylor Floyd provided Council with a brief review of revenues, personnel expenses, operating expenses, and next steps.”
PUBLIC HEARINGS
Public hearing to close an unopened Right-of-Way connecting to the east side of Buncombe Street between Commerce Street and Aston Street 2-14-23
“Page 19 RESOLUTION NO. 23-29 - RESOLUTION TO CLOSE AN UNOPENED RIGHT-OF-WAY CONNECTING TO THE EAST SIDE OF BUNCOMBE STREET BETWEEN COMMERCE STREET AND ASTON STREET Assistant Transportation Director Jessica Morriss said that this is the consideration of a resolution to close an unopened right-of-way…”
157 New Leicester Highway
“Affordable Housing Officer Sasha Vrtunski said this is the consideration of adopting a resolution approving a land use incentive grant to Cohen-Esrey Development Group for 141 residential units 157 New Leicester Highway.”
Resolution approving a Land Use Incentive Grant to aston flats LLC for 46 Aston Street
“Councilwoman Turner moved to continue this public hearing until May 23, 2023.”
NEW BUSINESS
Resolution authorizing the City Manager to sign a Funding letter to the N.C. dept. of Transportation Regarding the City’s betterments and aesthetics treatments for the I-26 Connector Project Sections b & d
“Director of Transportation Ken Putnam said that is the consideration of a resolution authorizing the City Manager to sign a funding letter of commitment to the N.C. Dept. of Transportation (NCDOT) regarding the city betterments and aesthetics treatments for Project I-2513B and I-2513D. The…”
Boards & Commissions
“Regarding the Audit Committee, since no one applied for the vacancies, it was the consensus of the Boards and Commissions Committee and City Council to have the Clerk’s Office readvertise for the seats.”
INFORMAL DISCUSSION AND PUBLIC COMMENT
Public comment
Summaries are written by hand from the minutes, and every number and name in them is checked against the minutes' own words. An item not written yet shows a summary built by fixed rules from its official title. Every item shows its official title. Procedural motions, like approving the agenda or adjourning, are left out.