Tuesday – December 14, 2021 - 5:00 p.m.

Regular Meeting

This formal meeting was conducted by use of simultaneous communication in which the

following participated by simultaneous communication: Mayor Esther E. Manheimer, Presiding;

Vice-Mayor Sheneika Smith; Councilwoman Sandra Kilgore; Councilwoman S. Antanette Mosley;

Councilwoman Kim Roney; Councilwoman Sage Turner; Councilwoman Gwen C. Wisler; City

Manager Debra Campbell; City Attorney Brad Branham; and City Clerk Magdalen Burleson

Mayor Manheimer said that the City Council wants the public to still have the opportunity

to participate in the decisions of your government. She then explained the 3 options for providing

battling a major illness. She was hired as a Transportation Planner II in the Transportation &

Engineering Department on November 7, 2005. During her career with the City of Asheville, she

developed a very solid and consistent reputation as a strong advocate for bicycle and pedestrian

modes of travel as well as ADA compliance. She was the City’s Bicycle and Pedestrian

Coordinator and she provided staff support for the Bicycle and Pedestrian Task Force. Barb was

instrumental in the establishment of the first round of dedicated bicycle lanes in the central

business district and the establishment of the neighborhood sidewalk program. She was heavily

involved in project development review and she coordinated and facilitated ongoing monthly

meetings with the City and the local NCDOT to discuss ways to enhance pedestrian and bicycle

safety throughout the city. Barb approached all of her responsibilities in a highly professional

NOVEMBER 9, 2021

B. MOTION ADOPTING THE 2022-23 BUDGET CALENDAR

Action Requested: Motion to adopt the Fiscal Year 2022-2023 (FY23) Budget Calendar.

Background:

● As a part of the Fiscal Year 2022-2023 Operating and Capital Budget development

process staff is proposing the budget schedule.

● In addition to meeting the statutory requirement that City Council adopt a balanced

budget before July 1, 2022, the FY23 budget process is intended to more clearly identify

the links between service, program and project investments and community interests.

● Staff have already begun work to develop estimates for ongoing cost to deliver existing

programs and services, needed capital infrastructure and facility investments, and major

revenue sources.

● As in prior years, the process will include community engagement and consultations with

City Council beginning at a retreat and continuing through work sessions with a focus on

○ Integrating with ongoing public engagement efforts and previously identified

priorities.

○ Reviewing key services to identify customer impact.

● The process culminates with the following actions as required by state law:

Con(s):

● None.

Fiscal Impact:

● None.

Motion:

● Motion to adopt the Fiscal Year 2022-2023 Budget Calendar.

C. RESOLUTION NO. 21-246 - RESOLUTION ADOPTING THE 2022 CITY

COUNCIL MEETING SCHEDULE

City Council will hold regular meetings beginning at 5:00 p.m. on the 2nd and 4th

Tuesday of each month in the Council Chamber, located on the 2nd floor of City Hall. The

RECORDS SCHEDULE FOR LOCAL GOVERNMENT AGENCIES ISSUED ON

OCTOBER 1, 2021, BY THE N.C. DEPT. OF NATURAL & CULTURAL

RESOURCES

Action Requested: Adoption of a resolution approving the 2021 Records Retention &

Disposition Schedules for General Records Schedule for Local Government Agencies and

Program Records Schedule for Local Government Agencies

Background:

● N.C. Gen. Stat. sec. 121-5 mandates that records defined under Chapter 132 may be

disposed of only in accordance with an official retention schedule.

● In an effort to promote good municipal records management, the N.C. Dept. of Natural &

Cultural Resources (NCDNCR) has updated their 2012 schedule.

● In addition to the 2021 General Records Schedule for Local Government Agencies

Schedule, the NCDNCR has also created a new retention schedule called the 2021

Program Records Schedule for Local Government Agencies which contains specific

retention periods without further approval from the City or the NCDNCR, provided, the

Committee(s):

● None

Pro(s):

● Promotes municipal records management

Con(s):

● None

Fiscal Impact:

● Motion to adopt a resolution approving the 2021 Records Retention & Disposition

Records Schedule for Local Government Agencies issued on October 1, 2021, by the

RESOLUTION BOOK NO. 42 - PAGE 428

E. RESOLUTION NO. 21-248 - RESOLUTION AUTHORIZING THE CITY

MANAGER TO ACCEPT ADDITIONAL FUNDS FROM THE SHUTTERED

VENUE OPERATORS GRANT FROM THE SMALL BUSINESS ASSOCIATION

AND DELEGATING THE RESPONSIBILITY TO EXECUTE ANY NECESSARY

AGREEMENTS RELATED TO THIS GRANT TO THE CITY MANAGER

Action Requested: Adoption of a resolution authorizing receipt of Shuttered Venue Operators

(SVO) grant funding and delegating the responsibility to execute any necessary agreements

related to SVO funding to the City Manager

Background:

● The COVID Relief Bill of December 2020, in part, created the Shuttered Venue Operators

Grant system, administered by the Small Business Administration.

● This system included a total of over $15 billion of available assistance funds to be

awarded after approved application.

● On August 24, 2021, City staff initially applied for and were awarded a total of

$1,627,336.57.

● The Harrah’s Cherokee Center - Asheville was invited to apply for additional funding in

the second phase of grant funding.

● City staff applied for and has been awarded an additional grant with a value of

$813,638.00

● A total Phase 1 & 2 grant award value of $2,440,974.57

● These funds will specifically be used to cover utility and salary costs incurred by the

● A Financially Resilient City

Con(s):

● None.

Fiscal Impact:

● These grant funds will offset revenue losses at the Harrah’s Cherokee Center of Asheville

(HCCA) in prior fiscal years, specifically as noted above, for salary and utility costs

normally covered by HCCA operating revenue.

Motion:

● Motion to adopt a resolution authorizing receipt of Shuttered Venue Operators (SVO)

RESOLUTION BOOK NO. 42 - PAGE 439

F. RESOLUTION NO. 21-249 - RESOLUTION AUTHORIZING THE CITY

CUSTOMER METER VAULTS WITH NEW INSTALLATION SITES

Action Requested: Adoption of a resolution authorizing the City Manager to execute an

agreement with T.P. Howard’s Plumbing Company, Inc. in the amount of $193,000.00 to demolish

and replace existing large customer meter vaults with new installation sites, plus a contingency of

15% ($28,950.00) for a total project budget of $221,950.

● The current list of large customer meter vaults located within the water system planned

for replacement include: Beaverdam Run Condos, Lucy S. Herring Elementary, (2)

Woods Townhomes, Holiday Inn Smokey Park, and Day International.

infrastructure at these sites.

● The existing installations have fulfilled their useful life.

● Given the condition of the equipment and design and installation constraints of these

sites, the vaults are unsafe and present a hazard to City infrastructure, City staff, and

private property due to impending failure.

● In the event the meters fail completely, the City would lose significant revenue.

● In 2020, Water Resources Operations began working in collaboration with engineering

firm Cavanaugh and Associates, administrative management staff, and internal

engineering staff to develop a plan to implement new installations at the noted sites.

● The outcome of this plan was the recommendation of a full replacement of the current

meter vault applications.

● 0000000The recommended mechanism for installation was utilization of a third-party

contract installer, procured through a formal bid process.

○ Appalachian Site Work, Inc. Waynesville, NC - $412,297.00

● Staff performed outreach to minority- and women-owned businesses through the

solicitation processes which include posting on the State’s Interactive Purchasing System

and requiring prime contractors to reach out to Minority & Women-Owned Business

Enterprise (MWBE) service providers for subcontracted services.

● No Minority & Women-Owned Business Enterprise (MWBE) firms submitted bids.

Council Goal(s):

● This project is aligned with the City and the Water Resources Department goal of

continued investment and improvement of the City’s water system through Capital

Improvement Projects, in order to provide safe and reliable service (H1).

● Sustains the integrity and reliability of the water system.

● None

Fiscal Impact:

● The funding needed for the contractual agreement is currently allocated within the Water

Resources Capital Improvement Project Fund in the Meter/Vault Repair budget.

T.P. Howard’s Plumbing Company, Inc. in the amount of $193,000.00 to demolish and

replace the existing customer meter vault locations stations with new installations for the

locations identified, plus a contingency of 15% ($28,950.00) for a total project budget of

$221,950.00.

RESOLUTION BOOK NO. 42 - PAGE 440

G. RESOLUTION NO. 21-250 - RESOLUTION AUTHORIZING THE CITY

MANAGER TO SIGN A LEASE AMENDMENT WITH THE GRIND LLC FOR

CITY-OWNED PROPERTY LOCATED AT 8 RIVER ARTS PLACE

Action Requested: Approve a resolution authorizing the City Manager to sign a lease

amendment with The Grind, LLC for City-owned property located at 8 River Arts Place.

Asheville and The Grind, LLC to enable them to operate Black Wall Street Asheville out

of this location.

● The fair market value quoted to The Grind, LLC was $1,500 per month with an applied

escalation rate of 2%.

● The term is four years with one renewal of four years.

● At the October 26 meeting, City Council directed staff to reduce the rent to $1 per year

and prepare an amendment for Council’s approval.

Council Goal(s):

● An Equitable and Diverse Community

● Thriving Local Economy

Committee(s):

● The Planning and Economic Development Committee recommended approval at their

meeting on October 11, 2021.

Pro(s):

and sell their products at this location.

per year but under the revised terms the City will not receive this revenue.

Fiscal Impact:

● As noted above, the City will not be receiving fair market rent for the duration of the four

year lease.

Motion:

amendment with The Grind, LLC at 8 River Arts Place to establish the rent at $1 per

year.

H. RESOLUTION NO. 21-251 - RESOLUTION AUTHORIZING THE SALE OF ONE

2015 FREIGHTLINER KNUCKLEBOOM AND ONE 2005 FREIGHTLINER

ASPHALT PATCH TRUCK DEEMED SURPLUS CITY PERSONAL PROPERTY

Action Requested: Approval of a resolution authorizing the sale of one (1) 2015 Freightliner

Knuckleboom and one (1) 2005 Freightliner Asphalt Patch Truck deemed surplus City personal

property.

Background:

● The City’s Public Works Department identified a 2015 Freightliner Knuckleboom (used for

pick up and hauling of debris) and a 2005 Freightliner Asphalt Patch Truck (used for

Asphalt Patch Truck is listed at approximately $30,000 or more each, depending on

Vendor Outreach Efforts:

● None

Council Goal(s):

● A Financially Resilient City

Committee(s):

● None

Pro(s):

● Space utilization eliminates the need to store large, unused equipment

Motion:

● Move to adopt a resolution authorizing the sale of one (1) 2015 Freightliner Knuckleboom

and one (1) 2005 Freightliner Asphalt Patch Truck deemed surplus City personal

RESOLUTION BOOK NO. 42 - PAGE 442

I. RESOLUTION NO. 21-252 - RESOLUTION AUTHORIZING THE MAYOR TO

APPLY FOR AND ACCEPT THE 2022 BIKESAFE GRANT FROM THE N.C.

GOVERNOR’S HIGHWAY SAFETY PROGRAM

ORDINANCE NO. 4913 - BUDGET AMENDMENT FOR THE 2022 BIKESAFE

GRANT

Action Requested: Adoption of a resolution authorizing the Mayor to apply for and accept a

grant, in the amount of $5,000, for the North Carolina Governor’s Highway Safety Program

(GHSP) 2022 BikeSafe Grant, and adopt the associated budget amendment in the Special

Revenue Fund in the amount of $5,000.

and the North Carolina State Highway Patrol that is aimed at reducing motorcycle

Council Goal(s):

● A Connected and Engaged Community

Committee(s):

● Public Safety Committee - November 17, 2021 - adopted unanimously

Pro(s):

● Grant funds are used to pay for travel and training.

● Potential reduction of statewide and regional motorcycle fatalities.

Fiscal Impact:

budget amendment in the Special Revenue Fund in the amount of $5,000.

RESOLUTION BOOK NO. 42 - PAGE 443

ORDINANCE BOOK NO. 33 - PAGE 16

J. RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AND ACCEPT

THE U.S. DEPT. OF JUSTICE 2021 EDWARD BYRNE JUSTICE GRANT

BUDGET AMENDMENT FOR THE 2021 EDWARD BYRNE JUSTICE GRANT

These items were removed from the Consent Agenda for discussion and/or individual

K. RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR AND

ACCEPT THE 2021 BULLETPROOF VEST GRANT FROM THE U.S. DEPT. OF

JUSTICE

BUDGET AMENDMENT FOR THE BULLETPROOF VEST GRANT

These items were removed from the Consent Agenda for discussion and/or individual

votes.

L. RESOLUTION NO. 21-255 - RESOLUTION AUTHORIZING THE PURCHASING

DIRECTOR TO PURCHASE THREE NEW BUSES FOR THE ASHEVILLE

Action Requested: Adoption of a resolution authorizing the Purchasing Division to purchase a

2. Waive the bidding requirements per NCGS 143-129(g) allowing the City of Asheville to

utilize the existing Washington State Cooperative Purchasing Agreement for Transit

Buses Master Contract No. 06719.

3. Execute purchase orders not to exceed $250,000 to purchase a variety of transit features

and accessories in order to outfit the buses with the equipment necessary for buses in

the Asheville Rides Transit System fleet. This includes fareboxes, security cameras, and

bike racks.

Cooperative Purchasing Agreement to purchase the buses.

● The City wishes to purchase a total of three (3) buses 30-ft. Gillig diesel buses at this

time from the total number of bus assignments allotted to the City of Asheville by

Washington State.

● The City expects to receive these buses in 12-18 months.

● Diesel buses are to be purchased due to the lack of alternative options at this time.

● Appropriately sized electric buses are not currently being manufactured and Gillig does

not have hybrid buses available for purchase at this time.

● Funding to purchase the buses and associated accessories will be provided from two

grants sources previously received by the City, including one received from the MPO in

K. RESOLUTION NO. 21-254 - RESOLUTION AUTHORIZING THE CITY

MANAGER TO APPLY FOR AND ACCEPT THE 2021 BULLETPROOF VEST

GRANT FROM THE U.S. DEPT. OF JUSTICE

ORDINANCE NO. 4915 - BUDGET AMENDMENT FOR THE BULLETPROOF

VEST GRANT

Action Requested: Adoption of a resolution to apply for and accept the 2021 Bulletproof Vest

(BVP) Grant from the U.S. Dept. of Justice; and adopt a budget amendment in the City’s Special

Revenue Fund in the amount of $61,740.

● The DOJ has preliminarily determined that the Asheville Police Department (APD) is

protect officers and distributes these funds by way of this grant to help offset the costs of

providing them to officers.

● In the last three decades body armor saved the lives of more than 3,000 police officers.

● The Police Executive Research Forum (PERF) has conducted studies on the

effectiveness of body armor in saving lives. Results show that by not wearing ballistic

armor, police officers have 14 times the risk of dying of an injury.

Council Goal(s):

● A Connected and Engaged Community

Pro(s):

● Reduction in cost to the City of Asheville for the purchase of bulletproof vests

● None

Fiscal Impact:

● The City of Asheville’s match is $30,870 and is already included in the adopted APD

Fiscal Year 2021-22 budget.

● It should be noted that the overall fiscal impact to the City of Asheville is reduced

because the Police Department would have to purchase these vests at full replacement

Councilwoman Turner moved to adopt a resolution approving the application and

acceptance of the grant from the U.S. Dept. of Justice; and a budget ordinance amendment in the

Vice-Mayor Smith and carried on a roll call vote of 6-1, with Councilwoman Roney voting “no.”

RESOLUTION BOOK NO. 42 - PAGE 445

ORDINANCE BOOK NO. 33 - PAGE 18

N. RESOLUTION NO. 21-258 - RESOLUTION AUTHORIZING THE CITY

MANAGER TO ENTER INTO A CONTRACT WITH EPIC RECRUITING TO

CREATE RECRUITING MEDIA, CREATE A RECRUITMENT WEBSITE, AND

STRATEGIZE AND MARKET THE CITY OF ASHEVILLE AND THE

ASHEVILLE POLICE DEPARTMENT TO RECRUIT EXCEPTIONAL

POLICE APPLICANTS

Action Requested: Approval to enter into a contract with EPIC Recruiting to create recruiting

Background:

resignations and is in the most need to promote the department and seek qualified

applicants.

● A contract with an experienced Police Recruiting Consultant will assist the department in

reaching exceptional applicants, to include a more diverse recruiting pool, in a

nationwide online recruiting campaign.

● To recruit these exceptional applicants, a proven consultant with an identified strategy

and marketing plan has been identified.

● The consultant will help create recruiting videos and a website to highlight the City of

Asheville as a great place to live and the police department as a great place to work.

● EPIC Recruiting was the successful proposer and will provide the services for $225,000

pay for this contract.

this contract.

multiple cities across the country.

current recruiting methods.

● The proposer will create new recruiting media, set up and manage recruiting website, and

provide analytics pertinent to driving the right candidates to the application site.

● This firm will assist the department in attracting a diverse pool of applicants that is in

alignment with what the community is requesting of its police department.

Council Goal(s):

● Smart City

● None.

Pro(s):

● The proposal provided by EPIC Productions of Phoenix, LLC Recruiting meets and

exceeds the request made by the department.

● The recruitment plan as laid out within the proposal will hopefully yield not only the

required applicants but also provide feedback as to the success of the recruitment plan

through the analytics provided by the contract and the company.

Con(s):

● None.

Fiscal Impact:

of an existing Axon contract.

Vice-Mayor Smith moved to adopt a resolution authorizing the City Manager to enter into

a contract with EPIC Recruiting to create recruiting media, create a recruitment website, and

strategize and market the City of Asheville and the Asheville Police Department to recruit

exceptional police applicants. This motion was seconded by Councilwoman Wisler and carried

on a roll call vote of 6-1, with Councilwoman Roney voting “no.”

RESOLUTION BOOK NO. 42 - PAGE 450

III. PRESENTATIONS & REPORTS:

regular duties. Mr. Brown was driving, doing his job as a leak detection specialist for the City of

the man. Anthony told him his name and asked the man for his name. The man told Anthony

to judge him. He told him he was there because he cared. Mr. Brown said the man started telling

him what he was going through. Mr. Brown explained to him that he had a brother who

committed suicide and the pain never really goes away. It gets easier everyday, but the pain

never really goes away. Mr. Brown said "as they talked, the man slowly started to walk back to

Brown’s truck, and, eventually, we came off that bridge safely.”

City Manager Campbell congratulated Mr. Brown who has just been awarded the

National American Water Works Association 2021 Heroism Award. She thanked him for not all

that he does at the Water Department, but especially for his heroic act of kindness on that day.

American Rescue Plan Act (ARPA) Update

City Manager Campbell introduced Assistant to the City Manager Jaime Matthews who

presented an update on ARPA. The key takeaways from this presentation will be (1) the

requested funding far exceeds the amount allocated to the City; (2) staff is continuing to review

the Request for Proposal responses through the end of the year; and (3) robust evaluation and

scoring process based on Council approved categories and criteria.

categories approved by Council, and approved/tentatively approved funding.

She reviewed the evaluation process (1) number of responses received - 70 total for

$64,728,534 - significant amount of responses in the workforce development category; (2)

evaluators from diverse departments and pay scales.

ORDINANCE TO UPDATE OPEN SPACE REQUIREMENTS AND RELATED

AMENDMENTS

Councilwoman Roney moved to continue this public hearing until February 8, 2022. This

motion was seconded by Vice-Mayor Smith and carried unanimously by roll call vote.

B. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO ARTICLES II AND

XVI OF THE UNIFIED DEVELOPMENT ORDINANCE TO UPDATE

DEFINITIONS AND STANDARDS FOR HOMESTAYS

amend Articles II and XVI of the Unified Development Ordinance to update definitions and

On May 11, 2021, this public hearing was continued until May 25, 2021. On May 25, 2021, this

hearing was continued to this date.

Background:

● The City of Asheville has had standards allowing residential homes to be used for

transient lodging for over 15 years, originally known as “Bed & Breakfast Homestays”.

● In 2015 the homestay standards were updated to allow greater flexibility and opportunity

for more households.

● Enforcement challenges followed and revisions to these standards were completed in

and enforce the homestay standards.

● The city currently has 725 active homestay permits and 50 active enforcement cases (as

of December 2021).

● At two separate meetings in the summer of 2018, the Planning and Economic

Development

with a change to the definition of “kitchen” along with other minor amendments.

● The adoption of this change was delayed however and, in the months that followed, City

staff continued to work with community representatives and council members on

standards designed to address both community and staff concerns.

● The subject of homestays was revisited by the PED Committee in March and April of

2020 to explore three proposed changes that including:

1. Prohibiting the use of detached accessory structures for homestays;

2. Allowing homestays to have a kitchen; and,

3. Requiring non-resident property owners to be listed as co-hosts on a homestay

application.

● The PED Committee provided clear direction in support of changes #1 and #3 but were

● Also, under strategies to increase and diversify the housing supply, the Plan describes

the need to, “Develop a comprehensive study of all lodging types and their impact on the

● In the interim, continue enforcement of illegal short-term vacation rentals” (p. 179).

● Staff recommends approval of the zoning text amendment for the reasons stated above.

Ms. Tuch explained what is being considered is a zoning text amendment to the UDO

updating the regulations for homestays including (1) prohibiting the use of accessory structures

for homestays; (2) allowing full kitchens in homestays; and (3) requiring owners to be

co-applicants.

She provided some background, noting that homestays have been in place since 2006

(originally Bed & Breakfast Homestay). The City relaxed requirements and expanded options in

2015 as interest in and availability of online platforms grew. Standards were further refined in

2018 as part of a broader ordinance related to lodging - added definition of “kitchen.” Ongoing

conversation has highlighted interest in revising the definition of kitchen, along with other changes

which includes a separate bathroom, bedroom and kitchen. A homestay is a use that occurs

a co-applicant on all homestay applications; and limit all applicants to only one homestay permit.

And, the third amendment regarding the definition of kitchen is to simplify the existing definition

and clarify that kitchens be permitted in homestays.

The Planning & Economic Development Committee (PED) unanimously supported

Amendments #1 (prohibiting the use of detached accessory structures) & #2 (requiring property

owners to be co-applicants), but were not in agreement with regards to #3 (kitchens). The

Planning & Zoning Commission unanimously supported all three amendments.

Staff’s recommendation (1) consistent with the PED & the Planning & Zoning

the proposed change to allow kitchens in homestays (#3).

Ms. Tuch responded to various questions/comments from Council, some being, but are

are imposed; what happens if there is more than one property owner not living on the property;

In response to Councilwoman Wisler regarding ownership of homestay permits, Ms. Tuch

had no problem in amending language that no more than 5% (currently 30%) ownership in an

LLC, corporation, trust or other legal entity shall be a sufficient ownership stake to constitute

ownership for the purpose of the limitation of a homestay permit.

Mayor Manheimer opened the public hearing at 5:40 p.m.

From advanced live call-ins, three individuals spoke in opposition to the UDO

going to take more work. She asked that we revisit this in 6 months or sooner to see the data

PUBLIC HEARING TO CONSIDER THE VOLUNTARY ANNEXATION OF

99999 SWEETEN CREEK ROAD

ORDINANCE NO. 4918 - ORDINANCE EXTENDING THE CORPORATE

LIMITED OF THE CITY OF ASHEVILLE, NORTH CAROLINA, BY ANNEXING

A CONTIGUOUS AREA LOCATED AT 99999 SWEETEN CREEK ROAD

Principal Planner Shannon Tuch said that this is the consideration of an ordinance to

extend the corporate limits of the City of Asheville, North Carolina, by annexing a contiguous area

of 10.88 acres of city-owned property located at 99999 Sweeten Creek Road in south Asheville.

This public hearing was advertised on December 3, 2021.

identified in the Buncombe County tax records as PIN 9656-23-4325.

Sufficiency is not required.

● The property is described in the ordinance and petitioner’s Exhibit A, and qualifies for

annexation by petition as set forth in the North Carolina General Statutes 160A-31 and

NC General Assembly Session Law 2005-139.

● Resolution 21-237 was adopted on November 9, 2021 setting the public hearing for

December 14, 2021.

● Pursuant to NCGS 160A-31, a public hearing must be held prior to adopting an ordinance

for voluntary annexation.

● Should the annexation be approved, there is a 60 day transition period during which the

city must assign a zoning designation to the property.

Council Goal(s):

● Ensures that city owned property and city facilities are located within the city’s own

jurisdiction, simplifying permitting for future work.

Con(s):

● None

Comprehensive Plan Consistency:

● This proposal is consistent with the Living Asheville Comprehensive Plan in that it will:

1) support non-residential development that is compatible with surrounding

345-347), and

212-213).

Fiscal Impact:

● None.

Recommendation:

● Staff recommends approval of the voluntary annexation request for the reasons stated

above.

PUBLIC HEARING TO ZONE 99999 SWEETEN CREEK ROAD TO RS-2

RESIDENTIAL LOW DENSITY DISTRICT AND LAND USE FUTURE MAP

ROAD TO RS-2 RESIDENTIAL LOW DENSITY DISTRICT AND FUTURE

Project Location and Contacts:

● The voluntary annexation petition includes a10.88 acre parcel located at 99999 Sweeten

Creek Rd. (PIN 9656-23-4325).

● Owner/Petitioner: City of Asheville.

Summary of Petition:

● The City of Asheville acquired the subject property on September 27, 2021 for the

purpose of expanding parks and recreation facilities in an area that is underserved by

these facilities.

● Newly annexed property must be assigned a zoning designation within 60 days of

● The subject property is currently zoned R3 in Buncombe County but is adjacent to city

surrounding properties.

residential zoning districts.

● The Future Land Use map of the Living Asheville Comprehensive Plan includes a

designation titled, “Parks / Open Space” which is intended to include a, “wide variety of

different park facilities, active and passive open space, and greenways”.

● There is a separate but related council report addressing the requested voluntary

Comprehensive Plan Consistency:

● This proposal is consistent with the Living Asheville Comprehensive Plan in that it will,

designation that is compatible with surrounding properties (pp. 345-347); and,

2) promote access to well-maintained parks and open space for all (pp.74-75 & 212-213).

Compatibility Analysis:

● The purpose of the RS-2 zoning is to support low density, single-family development that

stabilizes and protects the residential character but also notes that, “non single-family

development normally required to provide the basic elements of a balanced and attractive

Con(s):

identified need. This motion was seconded by Councilwoman Turner and carried unanimously by

roll call vote.

RESOLUTION BOOK NO. 42 – PAGE 454

Councilwoman Wisler moved to adopt the Corridor Study on Biltmore Avenue/McDowel

Street, as an amendment to the Asheville in Motion Mobility Plan with the addition of ADA

compliance as an identified need. This motion was seconded by Councilwoman Roney and

carried unanimously by roll call vote.

RESOLUTION BOOK NO. 42 – PAGE 455

ON DRIVE-THROUGH USES

PARKWAY

RESOLUTION NO. 21-264 - RESOLUTION TO AUTHORIZE A CONTRACT

RATIFICATION TO ASSIGN THE REAL ESTATE CONTRACTS FOR

PROPERTY ON 148-150 RIVER FORD PARKWAY TO SHANGRI-LA

INDUSTRIES INC. FOR THE PURPOSES OF CREATING PERMANENT

SUPPORTIVE HOUSING

RESOLUTION NO. 21-265 - RESOLUTION TO AUTHORIZE THE CITY

MANAGER TO EXECUTE A FUNDING AGREEMENT WITH STEP UP ON

AMENDMENTS WITH FIVE P MOUNTAIN LLC AND SUNRISE COMMUNITY

CONTRACT TERMS THROUGH MARCH 31, 2022

ORDINANCE NO. 4921 - BUDGET AMENDMENT IN THE SPECIAL REVENUE

FUND FROM ARPA FUNDING TO FUND THE GRANT AGREEMENT WITH

STEP UP ON SECOND STREET INC., THE CONTRACT AMENDMENT WITH

FIVE P MOUNTAIN LLC FOR ROOM NIGHTS UNTIL MARCH 31, 2022, AND

THE CONTRACT AMENDMENT WITH SUNRISE COMMUNITY FOR

Director of Community & Economic Development Nikki Reid said that this is the

consideration of the following actions: (1) Authorize a contract ratification to assign the real

purposes of creating permanent supportive housing; (2) Authorize the City Manager to execute a

funding agreement with Step Up on Second Street, Inc. for the provision of supportive services

for future residents of permanent supportive housing at 148-150 River Ford Parkway; (3)

Authorize contract amendments with Five P Mountain, LLC and Sunrise Community for Recovery

& Wellness for room nights and supportive services for current shelter participants extending the

contract terms through March 31, 2022; and (4) Authorize a budget amendment in the Special

Revenue Fund in the amount of $1,056,000 from American Rescue Plan (ARPA) funding to fund

the grant agreement with Step Up on Second Street, Inc. for $500,000, the contract amendment

with Five P Mountain, LLC for room nights until March 31, 2022 in the amount of $366,000 and

the contract amendment with Sunrise Community for Recovery & Wellness for accompanying

supportive services in the amount of $190,000.

Background:

● The contract expires Dec 15, and the City must give notice to purchase or withdraw the

multiple goals to include:

○ Goal 1 - continue to work with funding partners and the community on a new

○ Goal 2 - pursue positive outcomes for 80 people currently sheltered at Ramada

use

partnership funding to share in these costs.

● To implement Goal 3, the City will assign its contractual rights to purchase the Ramada

property to a private entity known as Shangri-La Industries, Inc.

● This firm uses purpose-driven, low-return, private sector financing to acquire and rehab

hotels into housing units and secures project-based housing vouchers to cover the

carrying costs and long-term capital maintenance. In exchange for this contract

assignment, Shangri-La Industries will execute a deed restriction with the City of

Asheville for a period of 50 years for permanent supportive housing.

● Their non-profit partner, Step Up on Second Street, Inc., provides on-site case

management services for residents, including mental health services, counseling,

● In this location at River Ford Parkway, the intent of the partnership is to provide 50+ units

of permanent supportive housing to homeless veterans, and 50+ units of permanent

supportive housing to chronically homeless individuals.

● Step Up on Second Street, Inc. has requested a one-time funding grant of $1.5M in

ARPA funds, designed to meet the supportive services needs of residents for a

three-year period, allowing Step Up to secure sustainable funding from other sources for

ongoing resident service needs.

Council Goal(s):

● Quality affordable housing

● A Well-Planned and Livable Community

Pro(s):

● None

Fiscal Impact:

● Allocates funds from the American Rescue Plan (ARPA) in the Special Revenue Fund in

the amount of $556,000 for existing shelter operations through March 31, 2022, and

$1,500,000 for the initial three years of supportive services for permanent supportive

housing.

● To date, the City has spent the following amounts of Affordable Housing Capital

Improvement Program (CIP) funds on the real estate acquisition at Ramada

○ $44,500 in due diligence, including appraisals, environmental reviews, surveys,

○ If the closing is successful, the City will be credited back its earnest money and

service system - Deeper, more inclusive planning and a long-term funding strategy are needed to

Permanent Supportive Housing is also essential for a high-functioning homeless service system;

and (3) The need is great in our community - We need every partner and new partners to help

meet the need.

Homeless Services System Performance Lead Emily Ball said that a retrospect of the

Non-congregate shelters can safely serve people with complex needs; Growing national

evidence that non-congregate, low-barrier shelters have stronger outcomes. City entered into a

contract to purchase the Ramada to create an ongoing non-congregate shelter in May 2021.

Sunrise Community for Recovery and Wellness as the top candidate based on population

experience and proposed operation.

Ms. Ball said that the emergency shelter planning update is that community and funding

partners expressed concerns about cost and project configuration. The project cost is : $24.75M

(acquisition, rehab, operations) Concerns about total cost and sustainability of ongoing

operational costs (est. $2.5-$3M annually. City not able to bear $24.75M cost alone.

Regarding a new opportunity for permanent supportive housing (1) Independent of

shelter initiative at Ramada, City staff had been working with new partners to develop additional

units of permanent supportive housing in Asheville (a) Permanent Supportive Housing (PSH) is a

proven solution to chronic homelessness, providing long-term housing and supportive services;

groceries, employment opportunities, etc.).

and (3) Goal 3 - hand off the Ramada to a private entity / non-profit partnership to re-purpose for

Permanent Supportive Housing instead of the shelter use.

Ms. Reid said that regarding Goal 1, which is long-term collaborative partnerships to

move the needle on major issues in our region. Next steps for the Emergency Shelter initiative

(1) Engage with partners in consultant-led planning process to develop and fund an Emergency

Shelter project; (2) Future Emergency Shelter funding decisions made at a later date; and (3)

New emergency shelter project configuration would include capital and operating costs developed

with funding partners.

and services: $556K; and (2) Partners willing to consider cost share,

Regarding Goal 3, which is to hand off the Ramada to a private entity / non-profit

homeless veterans; (2) 50+ units of permanent affordable housing for chronically homeless

Ms. Ball talked about how tenants will access these units and what that process will be.

She said that part of the vision for this property is that housing vouchers will be attached to these

units. There are particular HUD regulations that we will need to follow to comply with the use of

those housing vouchers. Additionally, when we talk about ending homelessness with permanent

coordinated entry. Coordinated entry means that we pool all of our homeless people, pool all of

our housing resources and assess the housing needs of people who are homeless and then

make the most appropriate match based on that particular household. They are prioritized by

these particular units because the full assessment process will need to be gone through. She

highlighted the coordinated entry evaluation we have recently done. We looked at our

coordinated entry data over the past year specifically related to demographics and outcomes. In

our point in time counts, in January 2021, 70% of people identified as homeless were white; 24%

were Black or African American; 2% were American Indian, Alaska Native, or Indigenous; and 4%

were multiple races. Those are the comparative numbers we used when we looked at the

demographics of those who are houses through coordinated entry. Point in time count - the total

homeless population is about 70% white - the percentage of people who are housed in

coordinated entry in the past year is 68% who are white. Point in time count - 24% Black or

African American - the percentage housed in coordinated entry is 28% who are Black or African

American. Point in time count - 2% American Indian, Alaska Native, or Indigenous - the

percentage housed in coordinated entry is 2%. And, point in time count - 4% in multiple races -

the percentage housed in coordinated entry is 2% in multiple races. The takeaway is that we

early 2022 and begin renovations with a projected occupancy in late 2022. Next steps include (1)

Assign real estate contract to purchase to Shangri-La; and (2) Seed funding of $1.5M in ARPA

funds for supportive services for initial 3 years (Step Up to diversify funding after 3 years) -

Possible split with funding partners.

Opportunities include (1) Strategically meet a critical community need for more

Permanent Supportive Housing; (2) High return on public investment: One time City grant of

$1.5M leverages $10M+ private capital to create community asset that ends homelessness for

100+ people; (3) Willing to attach a 50-year affordable housing deed restriction on renovated

Ramada building (4) Separate land parcel that is currently undeveloped that is included in this

costs ($104,500) for the Ramada acquisition; and (6) Replicable model and proven track record in

at Ramada - $2.056 Million.

Ms. Reid and Ms. Ball responded to various questions/comments from Council, some

being, but are not limited to: explanation of why permanent supportive housing projects can get

voucher funding and shelters cannot; do the units have to be inspected for livability, other than

just a non-congregate living type situation;

instead of a lodging use for this property. She was deeply concerned that we fumbled this

emergency shelter funding. And in doing so, we have failed our neighbors experiencing

homelessness that were temporarily housed in the Ramada Inn and we failed the residential and

many neighbors are under the impression that it already is a low barrier shelter and that’s not

working. But it isn’t and that’s our fault. She will look back on this as a loss. Since we are losing

this opportunity for an emergency shelter at this location, she is concerned that we also haven’t

fully funded deeply affordable housing options that are on the table, and we are displacing

encampments during the pandemic, which is a violation of CDC guidelines. She moved to fully

fund the purchase of the property at 148-150 River Ford Parkway with the funding mix of ARPA

funds, as well as bond funds and General Fund fund balance that is growing beyond our policy of

15% because we raised property taxes during the pandemic. Hearing no second, the motion

died.

Councilwoman Turner was also concerned, but she supported these actions with these

partners.

online a high access shelter. We are trying to do something that is pretty innovative.

housing is an incredible need in Asheville.

Councilwoman Roney said that the population currently at the Ramada Inn is in shelter

because the City of Asheville was displacing encamped people in the past year. She is

concerned about the potential barriers to shelter for those who have the most need in our

community and how those barriers perpetuate the disparities we have. Because an equitable

recovery was this Council’s key priority for ARPA funding, and she expects our community to hold

us accountable in our outcomes, she asked, and Ms. Reid and Ms. Ball responded, what does

the application process look like and what is the commitment to existing participants at the

Ramada Inn now.

suggested we commit to $500,000 of ARPA funds for the first year, which would free up $1 Million

source(s) for years 2 and 3.

however, she was concerned about the lack of transparency of this process; and equity. She

given a reason as to why we didn’t do one. Now we have ended up with proposed partners from

out of state. She understood that we came up with these partners because staff reached out to

them. To her, that seems like it was a “good old boy network.” She felt the process was not

equitable. And, she was also concerned about giving ARPA funds to a for-profit entity based in

California. After researching Shangri-La Industries, she saw they are not very diverse.

that troubles her. She felt we are not reaching the neediest of the needy in our community and

wondered how we get to serve the people who need it the most.

Asheville, but his perspective is that the provider community in many cities has an inherent bias

built in because much of the providers are center-based and wait for individuals to come to them.

People who are most disabled and have the least access are less able to navigate those

bureaucratic boundaries. That is why Step Up is a community based organization. He has 350

employees and all of their service staff don’t sit in an office - they go out into the community to

find those individuals. There is an assessment tool that they use that has some bias built in, but

they really do advocate for an assessment tool that is going to look at some of the issues

Councilwoman Mosley raised. In some communities they not only provide the services but the

property management. They want to serve Asheville as a community in terms of what are your

priorities and preferences. One community put in a criteria that they house only those people that

have been homeless for a certain number of years in the permanent supportive housing units.

The City could also outline some multi-criteria, because the vouchers will have some criteria, and

the assessment tool will also have some criteria. The City can also have it’s own criteria. The

buildings are completed. So, they disrupt the system that is really built around all the investors,

Mayor Manheimer said that we will likely have received funds from the opioid settlement

and that might be a source of funds for years 2 and 3. Ms. Reid also noted that we do have

capacity in the Affordable Housing Bonds; however, City Attorney Branham noted that there are

restrictions on bond money.

In response to Councilwoman Wisler about the 3-year commitment by the City, Mr. Lipka

said that the service funding will be required for an indefinite period of time. These housed

individuals will need long-term support. The support will reduce over time but it will be pretty

intense over the first number of years. We don’t see it as completely our responsibility to raise

services funding is no longer there. We would certainly partner with you on philanthropic, on

supportive services.

however, they will make space for some community space.

When Councilwoman Wisler asked if they have a model for emergency sheltering, Mr.

Lipka said that they don’t do anything with shelters or short term housing. Shelter operations are

not a solution.

City Manager Campbell said that we could move forward with allocating $500,000 in

From advanced live call-ins, eight individuals spoke against the assignment of the

purchase contract at 148-150 River Ford Parkway, along with the grant agreement with Step Up

of the Ramada Inn; lack of transparency; Ramada Inn location is not a fit in the surrounding

community; this is an unorganized and unplanned project; current problems with drugs, needles,

prostitution, theivery, physical assaults, etc.; need to find a new location for an emergency

shelter; and need for more public engagement.

From advanced live call-ins, four individuals spoke in support of the assignment and

purchase at 148-150 River Ford Parkway, and the accompanying actions.

Mayor Manheimer said that members of Council have been previously furnished with

copies of the resolutions and ordinance and they will not be read.

Councilwoman Wisler moved to authorize a contract ratification to assign the real

estate contracts for property on 148-150 River Ford Parkway to Shangri-La Industries, Inc. for the

RESOLUTION BOOK NO. 42 – PAGE 456

RESOLUTION BOOK NO. 42 – PAGE 457

Councilwoman Roney moved to authorize contract amendments with Five P Mountain,

LLC and Sunrise Community for Recovery & Wellness for room nights and supportive services for

current shelter participants extending the contract terms through March 31, 2022. This motion

was seconded by Councilwoman Turner and carried unanimously by roll call vote.

RESOLUTION BOOK NO. 42 – PAGE 458

P Mountain, LLC for room nights until March 31, 2022 in the amount of $366,000 and the contract

services in the amount of $190,000. This motion was seconded by Councilwoman Wisler and

Councilwoman Roney said that since we are now in a position of not having a location for

November 4, 2021, the CDC guidelines for considerations for encampments includes “if individual

housing options are not available, allow people who are living in sheltered or encampments to

remain where they are.” It goes on to explain the need for 24-hour bathrooms, hygiene materials

and sanitation. We do have a recommendation from the Human Relations Commission as of

June, 2021, which suggests a change to the City codes and articles regarding encampment

to staff to not enforce our own ordinances. That has happened twice now. So, because our

check-ins are not in a public meeting, she suggested that we follow the CDC guidelines and

signal to staff that we should not enforce our ordinances so long as it is the CDC guidelines to not

Councilwoman Turner agreed that it is extremely disheartening to displace people from

tents. She personally does not want to see folks living in tents - she wants better for them. The

City of Asheville does not manage sheltering or does not manage Code Purple. There is a

coalition of nonprofits that coordinate Code Purple that help create the criteria for Code Purple.

That means that on a night when the wind chill hits freezing, the rules change for these shelters.

They allow a later entry after curfew, and they allow congregate sheltering when they otherwise

would not because of the pandemic. She called out to the nonprofit coalitions to ask if there is

something more they can be doing, like lowering the criteria/temps while we are in the pandemic.

ORDINANCE BOOK NO. 33 – PAGE 33

VI. NEW BUSINESS:

From advanced live call-ins, seven individuals spoke to Council, including, but not limited

assistance on traffic calming on Stoner Road.

VIII. ADJOURNMENT:

Mayor Manheimer adjourned the meeting at 9:24 p.m.

CITY CLERK MAYOR