Asheville City Council
July 23, 2024
Regular meeting
Other City businessWaterBudget and taxesPublic safetyHousingStreets and transit
The short version
31 decisions: 23 approved together in one consent-agenda vote, and 8 voted on separately. 1 vote split.
- Council rezones 767 New Haw Creek Road, with conditions, from Residential Single-Family Medium Density District (RS-4) to Residential Expansion - Conditional Zone (RES EXP-CZ).
Council voted to rezone 767 New Haw Creek Road, with conditions, from Residential Single-Family Medium Density District (RS-4) to Residential Expansion - Conditional Zone (RES EXP-CZ).
Passed. Voted no: Kim Roney.
- Council approves the submission of the fiscal year 2024-2025 Annual Action Plan to the U.S. Department of Housing and Urban Development.
Council voted to approve the submission of the fiscal year 2024-2025 Annual Action Plan to the U.S. Department of Housing and Urban Development. It also approves the City Manager to sign all necessary documents to this effect. It also adopts the fiscal year 2024-25 CDBG Fund and HOME Fund budgets.
Passed. Everyone present voted yes.
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.
- necessity of housing
- need to look at ways to increase property tax along transit corridors
- condemn all antisemitism speech
- Asheville is a hub of pre-terrorist activities
- support for zoning text amendments to adjust the conditional zoning project level thresholds and remove residential parking amenities
- request for Council to adopt a resolution calling for a ceasefire in Gaza
- move the needle exchange program to City Hall or a hospital
- need for road safety infrastructure similar to the Haywood Street Resurfacing Project for pedestrians, automobiles and bicyclists
Voted on separately
Each of these had its own motion and vote.
Passed. Voted no: Kim Roney.
What's planned: “Construction, to Asheville Area Habitat for Humanity, or a similar nonprofit, affordable homeownership-oriented developer, with the intention that the nonprofit(s) will build the units and offer them for sale to qualifying buyers as affordable housing, as that term is defined by HUD.”
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Council voted to rezone 767 New Haw Creek Road, with conditions, from Residential Single-Family Medium Density District (RS-4) to Residential Expansion - Conditional Zone (RES EXP-CZ).
- Condition: “““Two discounted townhome lots shall be offered as “pad-ready” for construction, to Asheville Area Habitat for Humanity, or a similar nonprofit, affordable homeownership-oriented developer, with the intention that the nonprofit(s) will build the units and offer them for sale to qualifying buyers as affordable housing, as that term is defined by HUD.”
- “With Haw Creek transit service reduced a few years back to Route 170 service once every 2 hours and a 0.6 mile walk to the stop at Old Haw Creek and Willowbrook at the Commons, this adds pressure on existing road infrastructure.”
- “This is a missing middle project and all housing units matter.”
- “Regarding energy efficiency and solar energy, their commitment/plan is to build all residential units solar ready, with the intention that individual homeowners may add solar to their homes at a lower cost.”
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 approve the submission of the fiscal year 2024-2025 Annual Action Plan to the U.S. Department of Housing and Urban Development. It also approves the City Manager to sign all necessary documents to this effect. It also adopts the fiscal year 2024-25 CDBG Fund and HOME Fund budgets.
- The money, in the minutes' words: “mendment (a) to adopt the Fiscal Year 2024-25 Community Development Block Grant Fund budget in the amount of $1,003,034 and (b) to adopt the HOME Investment Partnerships Program Fund budget in the amount of $1,011,026.”
- “With the remainder of funds, the ARHC will take action at a later date to award these funds to affordable rental projects.”
- “Of the three other proposed projects, 2 are awaiting tax credit award notifications.”
- “The Annual Action Plan will reflect these funds to be used for affordable rental housing, new construction.”
What that means
- 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 approves borrowing $20 million through General Obligation Housing Bonds.
Passed. Everyone present voted yes.
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What that means
- Bonds:
- Bonds are loans the City pays back over many years, with interest.
Council approves borrowing $20 million through General Obligation Transportation Bonds.
Passed. Everyone present voted yes.
More
What that means
- Bonds:
- Bonds are loans the City pays back over many years, with interest.
Council approves borrowing $20 million through General Obligation Parks and Recreation Bonds.
Passed. Everyone present voted yes.
More
What that means
- Bonds:
- Bonds are loans the City pays back over many years, with interest.
Council approves borrowing $20 million through General Obligation Public Safety Bonds.
Passed. Everyone present voted yes.
More
What that means
- Bonds:
- Bonds are loans the City pays back over many years, with interest.
Council designates F.W. Woolworth Company Building as a local historic landmark.
Passed. Everyone present voted yes.
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Council voted to designate F.W. Woolworth Company Building as a local historic landmark as recommended by the Historic Resources Commission based on the special historic and cultural significance of the property and integrity of design, setting, workmanship, materials, feeling and/or association of the property.
- “Staff finds that the proposed local historic landmark has special historic and cultural significance, and is compatible with the Living Asheville Comprehensive Plan, the Downtown Master Plan, and the Historic Preservation Master Plan.”
- “The Historic Resources Commission reviewed this proposed designation on June 12, 2024 and voted unanimously in favor (8-0) of the landmark designation of the F.A. Woolworth Company Building and recommended Asheville City Council approval of this local historic landmark designation application.”
Council sets a Special Bond Referendum.
Passed. Everyone present voted yes.
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Council voted to set a Special Bond Referendum. It also directs the publication of Notice of a Special Bond Referendum and notification of the Buncombe County Board of Elections.
What that means
- Bonds:
- Bonds are loans the City pays back over many years, with interest.
Approved together on the consent agenda
23 items, approved in one vote without separate discussion. Any member can pull an item out for its own vote.
Council accepts the N.C. Department of Water Infrastructure Lead Service Line Replacement money.
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- The money, in the minutes' words: “The funding was awarded in the amount of $1,998,965.”
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.
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Council voted to approve a contract with Cavanaugh & Assoc. for Task Order 12 - Construction Management and Inspection Support Services for the advanced metering infrastructure Project.
- What the City says it's for: “The contract will expire after August 31, 2025.”
- The money, in the minutes' words: “Professional Services Contract for Task Order 12 - Construction Management and Inspection Support Services for Advanced Metering Infrastructure Project (AMI) not to exceed $691,982.00.”
- “The AMI project began in October, 2023 and the estimated substantial completion is October, 2025”
- “The AMI project requires additional Construction Management and Inspection Support Services through the remainder of the project.”
- “Cavanaugh and Associates have satisfactorily provided Construction Management and Inspection Support Services to date, and have been instrumental in supporting the City of Asheville’s goals and objectives for the AMI 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.
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Council voted to change its contract with Walker Consultants for the engineering of various repairs at the Wall Street, Rankin Avenue, Harrah’s Cherokee Center and Biltmore Avenue parking garages.
- What the City says it's for: “The services authorized in this current amendment will provide the engineered drawings and construction administration for the remaining priority repairs required at the four parking garages identified in the assessment report.”
- The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing the City Manager to execute a contract amendment with Walker Consultants for the engineering of various high priority repairs at the Wall Street, Rankin Avenue, Harrah’s Cherokee Center, and Biltmore Avenue parking garages in an amount not to exceed $525,000.”
- “The repairs will provide for the safe and beneficial use of City parking facilities by residents and visitors.”
- “Shut-downs in the parking garages can be an inconvenience for neighboring businesses and residents.”
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 a contract with WK Dickson for the Shiloh service line find and replace project.
More
- The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing the City Manager to execute a professional services contract with WK Dickson to provide the required engineering services for the Shiloh Community service line find and replace project, services to not exceed $250,000.”
- “Fifty percent (50%) of homes involved in the project have chosen to participate from these outreach efforts.”
- “The master agreement is currently scheduled to last until September 22, 2024, with one additional one-year option to renew available.”
- “If approved, the proposed engineering services described here within will be developed into a subcontract under the conditions of the master agreement.”
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.
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Council voted to approve a contract with MB Haynes Corporation for the repair and replacement of HVAC parts and equipment in the Thomas Wolfe Auditorium, for $205,000.
- The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing the City Manager to enter into a general services contract with MB Haynes Corporation in the amount of $205,000 plus 25% contingency for the repair and replacement of HVAC parts and equipment in the Thomas Wolfe Auditorium. 7-23-24 Page 17 Background:”
- “This contract includes repairs & replacements to (3) air handler units, cooling coils, drain pans, electrical services and ancillary parts and equipment will be completed during this step of the process.”
- “Due to the complexity of the project, City staff proposes a 25% contingency in order to address potential unforeseen circumstances.”
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
- The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing an amendment to the contract with Training Development Associates, Inc. (dba TDA Consulting) for the total amount of $153,000 for the purposes of supporting the Community Development Block Grant (CDBG) and HOME programs administration.”
- “Quality affordable housing”
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 a contract with Terracon Consultants Inc.
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Council voted to approve a contract with Terracon Consultants Inc. for the Special Inspections of McCormick Field and any change orders that may arise during the project up to the contingency amount.
- What the City says it's for: “The project will be completed by April 2026 in time for the Tourist baseball’s 2026 season.”
- The money, in the minutes' words: “Negotiations with Terracon resulted in an agreed fee not to exceed $148,180.00”
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 Kimley Horn for engineering services associated with Water Distribution Project no. 4 - coxe avenue Water Main project.
- What the City says it's for: “This project will be combined and constructed as part of the planned Coxe Ave Street Improvement project.”
- The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing the City Manager to sign a contract with Kimley-Horn, Inc. for engineering services in the not to exceed amount of $99,500 for the Water Distribution Project 4 - Coxe Ave 12” Main. 7-23-24 Page 4 Background:”
- “If approved, the proposed engineering services described here within will be developed into a supplemental agreement under the conditions of the master agreement.”
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 Vance Gap Slide Repair Design and Inspection project.
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Council voted to change its contract with Johnson, Mirmiran and Thompson for the Vance Gap Slide Repair Design and Inspection project.
- What the City says it's for: “The requested funding will ensure that contract inspection will be funded to the completion of the project.”
- The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing the City Manager to execute a contract amendment with Johnson, Mirmiran and Thompson, Inc. in the amount of $70,000.00 for the Vance Gap Slide Repair Design and Inspection contract.”
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 change the budget to change Section 9 of the fiscal year 2024-25 Budget Ordinance to adjust the effective date of the amended Pay & Classification Plan from July 6, 2024 to June 22, 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.
- 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.
- 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.
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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.
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
Council voted to approve an agreement with Bountiful Cities to implement programs and activities to address the City’s Food Policy Action 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 change its contract with Green Built Alliance to continue the implementation and management of the Blue Horizons Project and Blue Horizons Project Community Council.
- What the City says it's for: “This contract will support residents in installing energy efficiency measures and renewable energy systems in their homes to reduce energy use, reduce cost of living and increase indoor air quality particularly for our low-to-moderate-income residents.”
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 lease for the use of McCormick Field.
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Council voted to change its lease with Dewine Seeds - Silver Dollar Baseball LLC for the use of McCormick Field.
- “The lease is currently operating on a month to month basis as provided in the 2022-2023 Lease..”
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
Resolution of intent to permanently close a paper right-of-way located on 34 Hiwassee Street.
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- “All property owners abutting the unopened right-of-way, namely the City and Duke Energy Progress, have signed affidavits approving the proposed closure.”
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: “The improvements will bring the parking garages as compliant as is feasible with the Americans with Disabilities Act.”
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.
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- “The current unit does not meet modern efficiency standards and it is prone to mechanical problems, leaving the building without heat.”
- “This brand is currently installed at several City owned facilities.”
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 Kroger Co.
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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.
Council changes a contract to build the McCormick Field improvements.
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Council voted to change its contract with Frank L. Blum Construction Company, in Association with W.C. Construction Company to build the McCormick Field improvements.
- What the City says it's for: “The project will be on-going through the 2025 season which will result in lower capacity during this season.”
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 use the preferred alternate of Schlage hardware in the BID specifications for the McCormick Field Renovation Project.
- “Schlage Door Hardware is currently installed in many City buildings and assists with efficient operations and maintenance by providing a consistent lock system under a master key system to work across City buildings.”
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 board of alcoholic beverage control’s travel policy adopted January 26, 2016.
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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.
Council approves the month's property tax refunds and releases.
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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.
Everything on the agenda
From the minutes, in the order the City lists them. Each item's first lines are the minutes' own words.
CONSENT AGENDA
23 consent-agenda items, approved together in one vote.
PUBLIC HEARINGS
Public Hearing to consider designating the property known as the F.W. Woolworth Building, located at 25 Haywood Street, as a Local historic landmark
“Urban Planner III Alex Cole said that this is the consideration of an ordinance designating the property known as the F.W. Woolworth Building, located at 25 Haywood Street, as a local historic landmark.”
Public Hearing to consider a resolution authorizing the submittal of the 2024-25 Annual Action Plan for Community Development Block Grant and HOME Investment Partnership Program to the U.S. dept. of Housing & Urban Development: Community &
“Community & Economic Development Director Nikki Reid said that this is the consideration of a public hearing and adoption of a (1) resolution authorizing the submittal of the 2024-2025 Annual Action Plan for Community Development Block Grants and HOME Investment Partnerships Program to the U.S.…”
Public hearings and Adoption of Bond Orders
“Finance Director Tony McDowell said that this is the consideration of conducting public hearings on: a) the bond order authorizing the issuance of $20,000,000 of General Obligation Housing Bonds of the City of Asheville, North Carolina; b) the bond order authorizing the issuance of $20,000,000 of…”
- Vote: Council approves borrowing $20 million through General Obligation Housing Bonds.
- Vote: Council approves borrowing $20 million through General Obligation Transportation Bonds.
- Vote: Council approves borrowing $20 million through General Obligation Parks and Recreation Bonds.
- Vote: Council approves borrowing $20 million through General Obligation Public Safety Bonds.
- Vote: Council sets a Special Bond Referendum.
Public Hearing to consider Conditional Zoning of 767 New Haw Creek Road from RS-4 Residential Single-Family Medium Density District to Residential Expansion - Conditional Zone for the purpose of building 95 new single-family housing units
“Page 44 FOR THE PURPOSE OF BUILDING 95 NEW SINGLE-FAMILY HOUSING UNITS Urban Planner II Sam Starr-Baum said that this is the consideration of an ordinance to conditionally zone 767 New Haw Creek Rd from RS-4 Single-Family Medium Density to Residential Expansion - Conditional Zone for the purpose of…”
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.