Asheville City Council
December 12, 2023
Regular meeting
Other City businessBudget and taxesHousingHomelessnessPublic safety
The short version
21 decisions: 12 approved together in one consent-agenda vote, and 9 voted on separately. 6 votes split.
- Council approves a zoning change, with conditions, for 115 Fairview Road.
Passed. Voted no: S. Antanette Mosley, Kim Roney, Sheneika Smith.
- Council rezones 115 Fairview Road, with conditions.
Council voted to rezone 115 Fairview Road, with conditions, from Urban Village to Residential Expansion - Conditional Zone (RES EXP-CZ) with the following amended project condition: “50% of these affordable housing units will be reserved for HACA Housing Choice Vouchers, and voucher holders will receive priority as to the leasing of said units.
Passed. Voted no: Kim Roney, Sheneika Smith.
- Council rezones 2 Butler Road, with conditions, from Community Business II (CBII) to Residential Expansion - Conditional Zone (RES EXP-CZ).
Council voted to rezone 2 Butler Road, with conditions, from Community Business II (CBII) to Residential Expansion - Conditional Zone (RES EXP-CZ).
Passed. Voted no: Sage Turner.
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.
- request for Council to adopt a resolution for ceasefire, peace, and international law
- support for the Reparations Project timeline extension
- raise awareness around excessive and unnecessary car noise, and the measures that may be employed to reduce it
- Asheville voter registration from 1896 - 1900
Voted on separately
Each of these had its own motion and vote.
Council approves a zoning change, with conditions, for 115 Fairview Road.
Passed. Voted no: S. Antanette Mosley, Kim Roney, Sheneika Smith.
More
- “He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning.”
- “To this end, developer will notify HACA of the actual or pending availability of eligible units on a monthly basis.”
- “If no voucher holder is able to commence tenancy when an eligible unit becomes available, that unit may be leased as an affordable unit.”
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.
Council rezones 115 Fairview Road, with conditions.
Passed. Voted no: Kim Roney, Sheneika Smith.
More
Council voted to rezone 115 Fairview Road, with conditions, from Urban Village to Residential Expansion - Conditional Zone (RES EXP-CZ) with the following amended project condition: “50% of these affordable housing units will be reserved for HACA Housing Choice Vouchers, and voucher holders will receive priority as to the leasing of said units.
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. Voted no: Sage Turner.
More
Council voted to rezone 2 Butler Road, with conditions, from Community Business II (CBII) to Residential Expansion - Conditional Zone (RES EXP-CZ).
- “Staff respects the critical need for all housing types in the City with an especially dire need for affordable housing.”
- “In addition to the above, Equitable and Affordable Housing and Stability became one of six Council Strategic Priorities beginning in fiscal year 2023 (FY23).”
- “Regarding the site plan, 5 buildings total with 279 multi-family units.”
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.
Council approves Commonwealth Development’s request for an additional $475,000 in funds.
Passed. Everyone present voted yes.
Who it's for: Households earning 30% to 80% of the area median income: $30,720 to $81,920 a year for a family of four (HUD's 2026 income limits for tax-credit housing in the Asheville area).
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Council voted to approve Commonwealth Development’s request for an additional $475,000 in funds, for a total Housing Trust Fund loan of $975,000, to construct 77 new affordable apartments, with the amendment “acknowledging that the total amount can be reduced to a total loan amount of $875,000 if the US Treasury 10-Year Yield is below its current 4.9% rate at the time of rate lock.
- What the City says it's for: “This funding will support the construction of 77 affordable apartments for families with an affordability period of 30 years.”
- The money, in the minutes' words: “HOME funds were approved in 2022 to support Fair Haven Summit totaling $400,000.”
- “This project aligns with the City of Asheville’s Consolidated Plan goals of prioritizing rental housing affordable to 60% AMI and below.”
- “Construction of 77 new affordable units for a range of incomes - 30% AMI to 80% AMI.”
- “Twenty units will be set aside for project-based vouchers and eleven (11) units will utilize the KEY program for low-income residents with disabilities who are in need of supportive services.”
Passed. Voted no: Kim Roney.
More
Council voted to adopt revisions to Article III, Chapter 2, Division 11 of the Code of Ordinances regarding the Public Art and Cultural Commission.
Passed. Voted no: Kim Roney.
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Council voted to approve the City Manager to sign the Master Agreement and give the City of Asheville Purchasing Manager authority to sign purchasing agreements with Axon Enterprise Inc. for the Asheville Police Department’s body-worn camera system, taser system, in-car camera system, interview room recording system, and drone management software.
- What the City says it's for: “The purchase will be acquired through the Charlotte Cooperative Purchasing Alliance (CCPI).”
Failed.
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- “The above desire resulted in the following proposed specific changes to the ordinance text: a.”
- “The following is the proposed composition: The commission shall consist of nine voting members appointed by various community organizations or the City of Asheville.”
- “She then said that on September 21, 2023, the proposed ordinance updates were approved by PACC unanimously; and on November 14, 2023, the Boards & Commissions Committee approved the proposed revisions on a 2-1 vote.”
Council adopts the revised Housing Trust Fund Policy.
Passed. Everyone present voted yes.
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Council voted to adopt the revised Housing Trust Fund Policy.
- “Allow offsite infrastructure improvements only if shown that they only benefit the affordable development.”
- “Agree with AHAC’s recommendation Adds clarity to the policy Loan Terms No recommendation Changing maximum loan amount from 10% of Total Development Cost to 10% of total development cost per affordable unit.”
- “No change for 100% affordable projects, but reduces loans for mixed-income developments.”
Passed. Everyone present voted yes.
More
Council voted to adopt a resolution to permanently close an unopened right-of-way between Sulphur Springs Road and Lane Avenue.
- “f the closure is to allow for the construction of additional housing units on the property.”
- “Information regarding the intended number/size/type of units has not been provided.”
- “She then showed other views of the proposed closure from 160 Sulphur Springs Road looking south; Lane Avenue looking north; and Lane Avenue looking east toward Herring Elementary.”
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.
Approved together on the consent agenda
12 items, approved in one vote without separate discussion. Any member can pull an item out for its own vote.
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Council voted to approve a contract with the Car Park Group LLC to provide supplemental staffing services at the City’s parking facilities on an as-needed basis.
- What the City says it's for: “This contract will provide as needed staffing upon request.”
- The money, in the minutes' words: “Funding for the first year of this contract, not to exceed $60,000, is available in the Parking Services operating budget.”
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 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
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.
- Fiscal year:
- The City's budget year runs from July 1 to June 30. Fiscal year 2027 runs from July 1, 2026, to June 30, 2027.
Council directs the City Attorney to formally intervene.
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Council voted to direct the City Attorney to formally intervene in the North Carolina Utilities Commission Docket E-100 Sub 190 of Duke Energy’s Carbon Plan Integrated Resource Plan to provide comment from the sustainability staff regarding the City’s renewable energy goals as they relate to the Carbon Plan integrated resources plan.
- “The proposed CPIRP includes three pathways.”
- “This is an opportunity to strengthen and highlight the success of the current partnership with Duke Energy and advocate for affordable, renewable electricity.”
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 Asheville City Schools for use of Asheville Middle School.
More
Council voted to approve an agreement with Asheville City Schools for use of Asheville Middle School as part of the National Park & Recreation Association Grant for the GO! guiding Others mentorship program.
- What the City says it's for: “The program will target youth who are currently misusing or dependent on substances, youth with family members experiencing substance use disorder, and youth living in communities with high rates of drug/opioid overdose mortality.”
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 a contract with Responder Support Services to provide continued embedded behavioral health services to the Police & Fire Departments.
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
- What the City says it's for: “This project will replace and upgrade existing aging traffic signals and associated apparatus.”
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
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 sets the schedule for the 2024-25 budget.
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Council voted to set the schedule for the 2024-25 budget.
- “Formal presentation of the City Manager’s Proposed Budget on May 14, 2024.”
- “A public hearing on the Proposed Budget on May 28, 2024.”
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 the month's property tax refunds and releases.
More
Council approved the month's list of property tax refunds and releases.
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.
- Tax refunds:
- State law lets the City pay back or cancel property tax that was charged by mistake or against the law.
Council makes technical changes to the budget.
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Council voted to make technical changes to the budget.
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.
- Budget amendment:
- A change to the City's spending plan after it's passed. It adds money that came in, or moves money to a new use.
Council sets its meeting schedule.
More
Council voted to set its meeting schedule.
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
Proclamation recognizing the efforts of the Mills River Partnership restoration and protection of riverbank and riparian buffer
“Mayor Manheimer read the proclamation recognizing the efforts of the Mills River Partnership to restore approximately 2,500 linear feet of riverbank along the Mills River and protect 14 acres of riparian buffer upstream of the water intake at the Mills River Water Plant.”
CONSENT AGENDA
12 consent-agenda items, approved together in one vote.
PRESENTATIONS & REPORTS
Presentation of the Fiscal Year 2023 audit
“Finance Director Tony McDowell said that the following are the key takeaways from this presentation: (1) The fiscal 2023 year-end audit was completed and submitted to the NC Local Government Commission (LGC) on November 6th; (2) The Audit Opinion issued by Cherry Bekaert LLP was Unmodified or…”
Reparations Project timeline extension presentation
“Dwight Mullen, Chair of the Community Reparations Commission (Commission), asked City Council to extend the timeline for the Reparations Project so they have time to (1) consider all data provided by the City, County, State and private sector to confirm that their narratives and personal…”
Manager’s report
“Employee Recognition City Manager Campbell recognized Equity & Inclusion Director Brenda Mills for receiving the (1) The Robert E. Shepherd Excellence in Local Government Excellence Award is presented by the Land of Sky Regional Council to a local government professional who has shown great…”
PUBLIC HEARINGS
Public hearing to close an unopened right-of-way between Sulphur Springs Road and Lane Avenue: assistant
“Assistant Transportation Director Jessica Morriss said that this is the consideration of a resolution to permanently close an unopened right-of-way (ROW) between Sulphur Springs Road and Lane Avenue.”
Consideration of continuation to conditionally rezone 2 Butler Road from Community Business II District to Residential Expansion - Conditional Zone
“Councilwoman Ullman moved to recuse Mayor Manheimer from participating in this item due to a conflict of interest.”
115 Fairview Road
“Mayor Manheimer said that the public hearings for consideration of the land use incentive grant for 115 Fairview Road and the conditional zoning for 115 Fairview Road will be combined; however, each vote will be taken separately.”
NEW BUSINESS
Resolution approving revisions to the Housing Trust Fund Policy
“Affordable Housing Officers Sasha Vrtunski said that this is the consideration of a resolution approving revisions to the Housing Trust Fund Policy prior to initiating the Fiscal Year (FY) 2024-25 funding cycle.”
Resolution amending a Housing Trust Fund loan award requested by Commonwealth Development Corporation to allow them to develop multi-family apartments at 3124/3130 Sweeten Creek Road (Fairhaven Summit)
“Affordable Housing Officer Sasha Vrtunski said that this is the consideration of approval of Commonwealth Development’s request for an additional $475,000 in Housing Trust Fund (HTF) loan funds to support the Fairhaven Summit development with 2% interest, deferred payments for a period of 20 years…”
Ordinance amending the (1) definition of Public ART to include performances and Festivals; (2) membership to include seats for key partners; (3) staff support; (4) name of the Public ART and Cultural Commission; and role of the…
“Urban Designer Karli Stephenson said this is the consideration of an ordinance to revise Article III, Chapter 2, Division 11 of the Code of Ordinances regarding the Public Art and Cultural Commission.”
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.