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BY THE RECORDASHEVILLE
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Asheville City Council

April 25, 2023

Regular meeting

HousingWaterOther City businessStreets and transitBudget and taxes

The short version

16 decisions: 9 approved together in one consent-agenda vote, and 7 voted on separately. 1 vote split.

  1. Council rezones 35 Long Shoals Rd, with conditions, from Residential Single-Family Low Density (RS-2) to Highway Business (HB).

    Council voted to rezone 35 Long Shoals Rd, with conditions, from Residential Single-Family Low Density (RS-2) to Highway Business (HB).

    Passed. Voted no: Kim Roney.

  2. Council allocates $4.39M from the Housing Trust Fund to four projects.

    Council voted to allocate $4.39M from the Housing Trust Fund to four projects.

    Passed. Everyone present voted yes.

  3. Council approves the recommended allocations of the Strategic Partnership Grant Program funding awards as shown below.

    Council voted to approve the recommended allocations of the Strategic Partnership Grant Program funding awards as shown below and authorized the City Manager to execute the grant agreements with further direction to pursue an additional round of funding following the conclusion of the pilot grant agreements that are set to end on June 30, 2023: Program Agency Recommended Funding All Aboard! Community Literacy Training Read to Succeed of Asheville/Buncombe $40,000.00 To & Through College Access and Completion Initiative OpenDoors Asheville $126,209.00 HOPE 4 the Future Summer Program Umoja Health, Wellness, & Justice Collective $60,000.00 Providing the I/DD Community with Supports and Resources The Arc of Buncombe County $50,000.00 Project Lighten Up Summer Learning Academy Getting Back to the Basics $35,000.00 Black Wall Street Jr - Making Education Actionable in Asheville Black Wall Street AVL $45,000.00 Total Grant Award Recommendation $356,209.

    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

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What changes

Only what the record supports for each item, and what's still pending.

Also at this meeting

The four funded projects and the one left in negotiation

Redwood Commons (70 units, $1.8M), Reimagining Deaverview (82 units, $2.5M grant), Fairhaven Summit (77 units, $500K), and Stewart Street Cottages (10 units, $1.05M) were funded. Oak Hill Cottages (42 units) was left in negotiation.

What residents raised

The topics public speakers raised, as the minutes list them. These are residents' comments, not findings.

  • urgency for more buses
  • clarity on how we can use McCormick Field
  • need to find Black general contractors
  • need to change the election system by holding a referendum

What happens next

Voted on separately

Each of these had its own motion and vote.

  1. Council rezones 35 Long Shoals Rd, with conditions, from Residential Single-Family Low Density (RS-2) to Highway Business (HB).

    Passed. Voted no: Kim Roney.

    More

    Council voted to rezone 35 Long Shoals Rd, with conditions, from Residential Single-Family Low Density (RS-2) to Highway Business (HB).

    • “The properties are currently zoned Residential Single-Family Low Density (RS-2).”
    • “One of the three properties (35 Long Shoals Rd) is currently used as a single-family dwelling.”
    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.
  2. Council allocates $4.39M from the Housing Trust Fund to four projects.

    Passed. Everyone present voted yes.

    More

    Council voted to allocate $4.39M from the Housing Trust Fund to four projects.

    What this changes: This set the city's housing dollars for one funding round: four projects, 239 planned income-restricted homes. Approval is not delivery: two of the four awards were later taken back, Deaverview's grant in 2024 and Stewart Street's loan in 2026.

  3. Council approves the recommended allocations of the Strategic Partnership Grant Program funding awards as shown below.

    Passed. Everyone present voted yes.

    More

    Council voted to approve the recommended allocations of the Strategic Partnership Grant Program funding awards as shown below and authorized the City Manager to execute the grant agreements with further direction to pursue an additional round of funding following the conclusion of the pilot grant agreements that are set to end on June 30, 2023: Program Agency Recommended Funding All Aboard! Community Literacy Training Read to Succeed of Asheville/Buncombe $40,000.00 To & Through College Access and Completion Initiative OpenDoors Asheville $126,209.00 HOPE 4 the Future Summer Program Umoja Health, Wellness, & Justice Collective $60,000.00 Providing the I/DD Community with Supports and Resources The Arc of Buncombe County $50,000.00 Project Lighten Up Summer Learning Academy Getting Back to the Basics $35,000.00 Black Wall Street Jr - Making Education Actionable in Asheville Black Wall Street AVL $45,000.00 Total Grant Award Recommendation $356,209.

    • What the City says it's for: “The program will be reviewed by the Equity and Engagement Committee with any additional improvements and recommendations implemented year-over-year while continuing to issue grant awards.”
    • The money, in the minutes' words: “A total of $577,500 will be available to support the Strategic Partnership Program in Fiscal Year (FY) 2023-24, including $335,500 unused from previous fiscal years and a $242,000 allocation currently planned in the FY 2023-24 budget.”
  4. Council rezones 16 and 18 Restaurant Court, with conditions, from Office Business (OB) to Residential Expansion - Conditional Zone (RES EXP-CZ).

    Passed. Everyone present voted yes.

    More

    Council voted to rezone 16 and 18 Restaurant Court, with conditions, from Office Business (OB) to Residential Expansion - Conditional Zone (RES EXP-CZ).

    • What the City says it's for: “The project will include a total of approximately 20 standard parking spaces and 8 accessible spaces.”
    • “ad are about 0.1 miles from the site.”
    • “Access to the site will be provided by a new proposed driveway on Restaurant Court.”
    • “Based on the number of bedrooms and dwelling units, the minimum/maximum number of required parking spaces is 60/120 for the RES EXP district.”
    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.
  5. Council changes the zoning conditions for 3130 Sweeten Creek Rd.

    Passed. Everyone present voted yes.

    More
    • “Maximum number and density of residential units in steep slope areas;”
    • “Maximum building height and stories for structures in steep slope areas;”
    • “The main concern expressed by the dissenting Commissioners is the proposed height of the retaining wall, especially the portion that faces Sweeten Creek Rd.”
    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.
  6. Council changes City law (Chapter 7 of the City Code).

    Passed. Everyone present voted yes.

    More
    • “Provides more opportunities for cat adoption by city residents and visitors in a commercial establishment such as a café or bookstore which also provides neighborhood-serving retail services.”
    • “The pros are (1) Allows cat cafés to operate as a permitted use in more commercial districts of the city; and (2) Provides more opportunities for cat adoption by city residents and visitors in a commercial establishment such as a café or bookstore which also provides neighborhood-serving retail services.”
    • “Staff concurs with the Planning & Zoning Commission and recommends approval of the proposed zoning text amendment.”
  7. Council takes up a plan to change the City's fees and charges.

    Outcome as recorded in the minutes.

    More

    Council took up a plan to change the City's fees and charges for fiscal year 2023-24. The minutes don't say how the vote ended.

    • “Typical household impact of major fee changes proposed for FY24 are below.”
    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.

Approved together on the consent agenda

9 items, approved in one vote without separate discussion. Any member can pull an item out for its own vote.

  1. Council approves a contract with NHM Constructors, LLC for the New Leicester Highway sidewalk construction project.

    More
    • The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing the City Manager to execute a construction contract with NHM Constructors, LLC in the amount not to exceed $2,209,905 plus a 10% construction contingency of $220,990. for a total not to exceed contract of $2,430,895 Background:”
    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.
  2. Council approves a contract for the fiscal year 2023 Americans with Disabilities Act ramp project.

    More

    Council voted to approve a contract with Appalachian Paving and Concrete for the fiscal year 2023 Americans with Disabilities Act ramp project.

    • What the City says it's for: “The contract is expected to be available on June 1, 2023, and the contractor has 60 days from the notice to proceed to complete all work.”
    • The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing the City Manager to execute a contract with Appalachian Paving and Concrete, Inc. in the amount of $205,235.00, plus a 16% contingency of $32,838.00 ($238,073.00 total) for the Fiscal Year (FY) 2022-23 Americans with Disabilities Act (ADA) Ramps 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.
    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.
  3. Council changes a contract to add the management and operation of the new Grant Center Pool.

    More

    Council voted to change its contract with Swim Club Management Group to add the management and operation of the new Grant Center Pool.

    • The money, in the minutes' words: “The original contract amount had a not to exceed amount of $191,000 accounting for one season of management operations and to ensure the management company could be successful.”
    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.
  4. Council approves a three-year contract to provide a grant management software for the Community & Economic Development Department.

    More

    Council voted to approve a three-year contract with Neighborly Inc. to provide a grant management software for the Community & Economic Development Department.

    • The money, in the minutes' words: “The total five year expenditure is not to exceed $150,000.”
    • “This proposed contract includes an initial three-year term and two one-year renewals.”
    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.
  5. Council approves a multi-year agreement with Mills River Partnership Inc. for the Mills River Watershed Best Management Practices project.

    More
    • The money, in the minutes' words: “The MRP will only be allowed to request a not-to-exceed amount of $60,000 per fiscal year for the next three 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.
  6. Council adds $30,000 from Federal Transit Administration fiscal year 2020,-2021 Section 5307 Job Access Reverse Commute funds to the budget.

    More
    • The money, in the minutes' words: “Action Requested: Adoption of a budget amendment in the amount of $30,000 from Federal Transit Administration (FTA) Fiscal Year (FY) 2020-21 Section 5307 Job Access Reverse Commute funds.”
    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.
  7. Council approves applying for a Lead Service Line Replacement Grant through the N.C. Department of Environmental Quality - division of water Infrastructure.

    More

    Still pending: This is a request. The City gets the money only if the grant is awarded.

    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.
  8. Council approves applying for a Local Assistance Stormwater Infrastructure Investments Grant.

    More

    Council voted to approve applying for a Local Assistance Stormwater Infrastructure Investments Grant with the N.C. Department of Environmental Quality - Division of Water Infrastructure and/or State revolving funding for Stormwater Asset Inventory and Assessment services. It also lets the City accept the money if the grant is awarded.

    Still pending: This is a request. The City gets the money only if the grant is awarded.

    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.
  9. Council approves the conveyance of City-owned property on Hunt Hill Place to a non-profit organization known as KL Training Solutions.

    More

    Council voted to approve the conveyance of City-owned property on Hunt Hill Place to a non-profit organization known as KL Training Solutions for community development purposes.

    • What the City says it's for: “This easement will be a non-exclusive access easement measuring approximately 4,200 square feet at the rear of the property located at the existing gated entrance.”
    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

  1. Proclamation proclaiming April 29, 2023 as “Arbor Day”

    “Mayor Manheimer read the proclamation proclaiming April 29, 2023, as "Arbor Day" in the City of Asheville.”

CONSENT AGENDA

  1. 9 consent-agenda items, approved together in one vote.

PRESENTATIONS & REPORTS

  1. State of the Airport

    “Lew Bleiweis, President and CEO of the Asheville Regional Airport Authority, provided Council with a year in review of the Airport.”

  2. Manager’s Report City Council retreat follow-up

    “Assistant City Manager Rachel Wood provided Council with the following presentation overview (1) overview of Vision 2026 and Retreat Revisions to Vision Framework; (2) discuss retreat feedback on strategic priorities and efforts underway to implement Council priority direction; (3) review and…”

PUBLIC HEARINGS

  1. Public hearing to consider a Conditional Zoning of 16 Restaurant Court from Office/Business District to Residential Expansion/Conditional Zone: urban

    “Urban Planner Clay Mitchell said that this is the consideration of an ordinance to conditionally zone 16 Restaurant Court from Office/Business District to Residential Expansion/Conditional Zone for the purpose of developing multi-family affordable housing.”

  2. Public hearing to consider the rezoning of properties at 35 Long Shoals Road from RS-2 Residential Single-Family Low Density District to Highway Business District

    “Principal Planner Will Palmquist said that this is the consideration of an ordinance to rezone properties at 35 Long Shoals Road from RS-2 Residential Single-Family Low Density District to Highway Business District.”

  3. Public hearing to consider an amendment to a Conditional Zoning ordinance (Ordinance No. 4953) for properties located at 3124/3130 Sweeten Creek Road 4-25-23

    “Page 22 ORDINANCE NO. 5009 - ORDINANCE TO AMEND A CONDITIONAL ZONING ORDINANCE (ORDINANCE NO. 4953) FOR PROPERTIES LOCATED AT 3124/3130 SWEETEN CREEK ROAD Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend a conditional zoning ordinance (Ordinance No.…”

  4. Public hearing to consider an amendment to the Unified Development Ordinance to update the Table of Uses to allow the use of ‘Cat cafes” in more commercial zoning districts and related adjustments to the Table of Uses

    “ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT ORDINANCE TO UPDATE THE TABLE OF USES TO ALLOW THE USE OF ‘CAT CAFES” IN MORE COMMERCIAL ZONING DISTRICTS AND RELATED ADJUSTMENTS TO THE TABLE OF USES Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend the Unified…”

UNFINISHED BUSINESS

  1. Ordinance No. 5011- ordinance establishing Fiscal Year 2023-24 fees and charges for the Water Resources Department

    “Budget Director Taylor Floyd said that this is the consideration of adopting an ordinance establishing Fiscal Year (FY) 2023-24 fees and charges for the Water Resources Department.”

NEW BUSINESS

  1. Resolution allocating Housing Trust Funds to Affordable Housing projects

    “Affordable Housing Officer Sasha Vrtunski said that this is the consideration of a resolution allocating Housing Trust Funds to affordable housing projects.”

  2. Resolution approving the recommendations for the Strategic Partnership Grant Program awards and authorization for the City Manager to execute grant agreements

    “Economic Development Specialist Rachel Taylor said that this is the consideration of a resolution to approve the recommendations for Strategic Partnership Grant Program awards and authorization for the City Manager to execute grant agreements. 4-25-23 Page 44 Action Requested: Adoption of a…”

INFORMAL DISCUSSION AND PUBLIC COMMENT

  1. 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.