Asheville City Council recorded 26 votes at its regular meeting on September 9, 2025; 1 drew at least one no vote. Most items concerned Zoning & Land Use, Administrative and Public Safety.
Voting: Bo Hess, Esther E. Manheimer, S. Antanette Mosley, Kim Roney, Sheneika Smith, Sage Turner, Maggie Ullman.
26recorded votes
1split votes
0failed
0members absent
Split votes
Item V-A · ORD 5170 · Public Safety · Ordinance
Second and final reading of Ordinance No. 5170 amending Section 11-5 (Public Solicitation and Begging Regulated)
Passed6–1 · Moved by Sage Turner, seconded by Bo Hess
Mayor Manheimer said that public comment was held, and a vote was taken on August 25, 2025 to approve this ordinance. Due to a fairly new state law, a second procedural note is necessary that requires any ordinance with a criminal penalty to pass 2 votes before being enacted. In response to Councilwoman Roney, City Attorney Branham said that the burden of proof is on the District Attorney to meet the burden of proof. In addition, any person who has an image or voice on a body camera, can make a written request to the Chief of Police to schedule a time to view the body camera footage at no cost.
Approval of the combined minutes of the August 21, 2025 worksession and August 26, 2025 formal meeting
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
On February 27, 2018, a resolution was adopted to authorize the City Manager to execute a professional services contract with CDM Smith, Inc. for the Patton Water System Distribution Project 2.
The original contract work included:a survey, a hydraulic analysis, engineering design, construction administration and other related professional services for approximately 10,600 linear feet of 24” potable water transmission main and all associated appurtenances along Patton Avenue from Craven Street to Haywood Road.
The design and construction of first phase of the project from Haywood Rd to Hazel Mill Road has been completed
The final phase of this water transmission project to be completed from Hazel Mill Road to Craven Street is located within NCDOTs I-2513 BD project area and the existing water main must be rerouted along portions of Patton Ave and I-26 because of impacts and conflicts associated with NCDOT’s I-26 widening and relocation project.
COA Water Resources and our consultants at CDM Smith have been cooperating and collaborating with NCDOT on the final phase of the waterline reroute since 2018, however; due to multiple delays and changes to the NCDOT interstate project design, our water transmission main design consultants have had to adjust the line routes, redesign portions, collect additional surveys and geotechnical data, leading to unplanned project expenditures.
A change order to increase the value of the existing professional services contract is needed, in order to complete the final phase of water transmission main design.
Water Resources Staff requested that the consultant provide an amended scope with the additional tasks and costs needed to complete the transmission main design and coordinate the work with NCDOT .
The proposed change order request is based on the amended scope.
Vendor Outreach Efforts:
Not applicable, change to an existing contract Committee(s):
None. Pro(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.
Allows COA Water Resources to continue collaboration and cooperation with NCDOT to minimize utility conflicts with the ongoing I-26 widening project Con(s):
None
Fiscal Impact:
The funding needed for the professional services agreement is currently allocated within the Water Capital Project Fund in the Small Waterline Replacement Project. Motion:
Move to adopt a resolution authorizing the City Manager to execute a change order with CDM Smith Inc. in the amount of $724,463.00 to increase the Patton Ave, Water System Distribution Project 2 – Professional Services Contract from a total in the amount of $1,583,638.00 to $2,308,101.00. C. RESOLUTION NO. 25-197
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER WITH ARDURRA GROUP INC. FOR THE SHILOH SERVICE LINE FIND AND REPLACE ENGINEERING SERVICES CONTRACT
Background:
On July 23, 2024, a resolution was adopted to authorize the City Manager to execute a professional services contract with WK Dickson who is now known as Ardurra Group INC for the Shiloh Community Find and Replace Project for $150,000.
The original contract work included that Ardurra provide an Engineering Report (ER), an Environmental Information Document (EID) which is a requirement of the NC Department of Water Infrastructure (NC DWI) funding.
City of Asheville Water Resources submitted a second application to NC DWI which increased the funding for the Shiloh Community project from $2M to $4M. This doubled the scope of the project.
The increased project scope increased the cost of the Design Bid Requirement, which will require more project management including permitting, inspections and construction.
NC DWI funding also requires that a Bid and Design Package be submitted and approved before the construction can begin.
A change order for the Ardurra Group contract is needed to increase the amount from $150,000.00 to a total of $580,000.00.
Therefore a total of $430,000.00 will be used from the NCDWI funding to pay for the cost of Design Bid and project management.
Vendor Outreach Efforts:
Not applicable, change to an existing contract Committee(s): NA Pro(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, in order to provide safe and reliable service.
Ardurra Group INC. has successfully provided engineering services for other water system projects.
Ardurra’s experience with the City of Asheville water system and expertise in water distribution projects will lead to a successful project and will lessen negative impacts to customers and the City’s water system.
Direct benefit for the Shiloh community and the residents that live there. Con(s):
There are no cons with entering into this contract.
Fiscal Impact:
This project is funded with a NC Department of Water Infrastructure award, with funding split between a grant and a no-interest loan. Funding is already included in the Water Capital Projects Fund.
Item B · RES 25-196 · Transportation · Resolution · consent agenda
Resolution authorizing change order with CDM Smith Inc. for the Patton Avenue Water System Distribution Project 2
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
On February 27, 2018, a resolution was adopted to authorize the City Manager to execute a professional services contract with CDM Smith, Inc. for the Patton Water System Distribution Project 2.
The original contract work included:a survey, a hydraulic analysis, engineering design, construction administration and other related professional services for approximately 10,600 linear feet of 24” potable water transmission main and all associated appurtenances along Patton Avenue from Craven Street to Haywood Road.
The design and construction of first phase of the project from Haywood Rd to Hazel Mill Road has been completed
The final phase of this water transmission project to be completed from Hazel Mill Road to Craven Street is located within NCDOTs I-2513 BD project area and the existing water main must be rerouted along portions of Patton Ave and I-26 because of impacts and conflicts associated with NCDOT’s I-26 widening and relocation project.
COA Water Resources and our consultants at CDM Smith have been cooperating and collaborating with NCDOT on the final phase of the waterline reroute since 2018, however; due to multiple delays and changes to the NCDOT interstate project design, our water transmission main design consultants have had to adjust the line routes, redesign portions, collect additional surveys and geotechnical data, leading to unplanned project expenditures.
A change order to increase the value of the existing professional services contract is needed, in order to complete the final phase of water transmission main design.
Water Resources Staff requested that the consultant provide an amended scope with the additional tasks and costs needed to complete the transmission main design and coordinate the work with NCDOT .
The proposed change order request is based on the amended scope.
Vendor Outreach Efforts:
Not applicable, change to an existing contract Committee(s):
None. Pro(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.
Allows COA Water Resources to continue collaboration and cooperation with NCDOT to minimize utility conflicts with the ongoing I-26 widening project Con(s):
None
Fiscal Impact:
The funding needed for the professional services agreement is currently allocated within the Water Capital Project Fund in the Small Waterline Replacement Project. Motion:
Move to adopt a resolution authorizing the City Manager to execute a change order with CDM Smith Inc. in the amount of $724,463.00 to increase the Patton Ave, Water System Distribution Project 2 – Professional Services Contract from a total in the amount of $1,583,638.00 to $2,308,101.00. C. RESOLUTION NO. 25-197
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER WITH ARDURRA GROUP INC. FOR THE SHILOH SERVICE LINE FIND AND REPLACE ENGINEERING SERVICES CONTRACT
Background:
On July 23, 2024, a resolution was adopted to authorize the City Manager to execute a professional services contract with WK Dickson who is now known as Ardurra Group INC for the Shiloh Community Find and Replace Project for $150,000.
The original contract work included that Ardurra provide an Engineering Report (ER), an Environmental Information Document (EID) which is a requirement of the NC Department of Water Infrastructure (NC DWI) funding.
City of Asheville Water Resources submitted a second application to NC DWI which increased the funding for the Shiloh Community project from $2M to $4M. This doubled the scope of the project.
The increased project scope increased the cost of the Design Bid Requirement, which will require more project management including permitting, inspections and construction.
NC DWI funding also requires that a Bid and Design Package be submitted and approved before the construction can begin.
A change order for the Ardurra Group contract is needed to increase the amount from $150,000.00 to a total of $580,000.00.
Therefore a total of $430,000.00 will be used from the NCDWI funding to pay for the cost of Design Bid and project management.
Vendor Outreach Efforts:
Not applicable, change to an existing contract Committee(s): NA Pro(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, in order to provide safe and reliable service.
Ardurra Group INC. has successfully provided engineering services for other water system projects.
Ardurra’s experience with the City of Asheville water system and expertise in water distribution projects will lead to a successful project and will lessen negative impacts to customers and the City’s water system.
Direct benefit for the Shiloh community and the residents that live there. Con(s):
There are no cons with entering into this contract.
Fiscal Impact:
This project is funded with a NC Department of Water Infrastructure award, with funding split between a grant and a no-interest loan. Funding is already included in the Water Capital Projects Fund.
Item C · RES 25-197 · Utilities & Infrastructure · Resolution · consent agenda
Resolution authorizing change order with Ardurra Group Inc. for the Shiloh service line find and replace engineering services contract
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
On July 23, 2024, a resolution was adopted to authorize the City Manager to execute a professional services contract with WK Dickson who is now known as Ardurra Group INC for the Shiloh Community Find and Replace Project for $150,000.
The original contract work included that Ardurra provide an Engineering Report (ER), an Environmental Information Document (EID) which is a requirement of the NC Department of Water Infrastructure (NC DWI) funding.
City of Asheville Water Resources submitted a second application to NC DWI which increased the funding for the Shiloh Community project from $2M to $4M. This doubled the scope of the project.
The increased project scope increased the cost of the Design Bid Requirement, which will require more project management including permitting, inspections and construction.
NC DWI funding also requires that a Bid and Design Package be submitted and approved before the construction can begin.
A change order for the Ardurra Group contract is needed to increase the amount from $150,000.00 to a total of $580,000.00.
Therefore a total of $430,000.00 will be used from the NCDWI funding to pay for the cost of Design Bid and project management.
Vendor Outreach Efforts:
Not applicable, change to an existing contract Committee(s): NA Pro(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, in order to provide safe and reliable service.
Ardurra Group INC. has successfully provided engineering services for other water system projects.
Ardurra’s experience with the City of Asheville water system and expertise in water distribution projects will lead to a successful project and will lessen negative impacts to customers and the City’s water system.
Direct benefit for the Shiloh community and the residents that live there. Con(s):
There are no cons with entering into this contract.
Fiscal Impact:
This project is funded with a NC Department of Water Infrastructure award, with funding split between a grant and a no-interest loan. Funding is already included in the Water Capital Projects Fund.
Item D · RES 25-198 · Environment & Sustainability · Resolution · consent agenda
Resolution authorizing lease renewal agreement between the USA and the City of Asheville for 224 Louisiana Avenue
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
The City of Asheville owns approximately 8.857 acres of real property at 224 Louisiana Avenue. The U.S. Army has occupied the site since 1950, and currently, the 81st Regional Support Command (RSC) of the US Army Reserves operates out of the facility.
The United States Congress has made an appropriation that will allow the Army to purchase land and construct a new complex for relocation and use by the U.S. Army Reserves operating in the Asheville area.
The entire process of relocating this facility will take as long as five years to accomplish.
The current lease, approved by Council on April 26, 2016, via resolution no 16-88, expired on December 31, 2020.
In 2019, staff pursued a five-year lease renewal at the request of the U.S. Army’s realty agent, but an extensive environmental review required by the federal government prevented the US Army from entering into that lease renewal until now.
The US Army remained on the property during this time under a holdover lease, making regular rental payments.
The US Army now wishes to enter into a new Lease that will be retroactive to January 2021 and extend until December 31, 2027, with the new rental rate described below.
City Staff recommend a five year lease term ending on December 31, 2025, with an option to renew for an additional two (2) year period which may be exercised if the US Army provides additional information to the City regarding the current environment condition of the property and the lease is amended to reflect mutually agreeable language regarding the condition in which the property will be left at the end of the final lease term.
The City of Asheville has commissioned a fair market lease appraisal to determine the lease rate in today’s market, and it has been approved by the Army’s review appraiser. The appraised value for a ground lease at this property is $164,000 per year.
The current lease rate of $124,000 per year will increase to $164,000 (retroactive to 2021) with an annual escalation of 3% over the term.
At the end of the term, the site will be available for the City’s use. Committee(s):
None Pro(s):
The City receives fair market rent during the term of the lease.
The City will have a planning period during the lease to determine an alternate use for this site. Con(s):
The City will lose rental income after the Army vacates the site.
Fiscal Impact:
The revenue from this lease is already budgeted in the General Fund operating budget.
Item E · ORD 5171 · Housing · Ordinance · consent agenda
Budget amendment to accept awarded grant funds from Dogwood Health Trust for the Asheville-Buncombe Continuum of Care
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
The City of Asheville is the designated Lead Agency for the Asheville-Buncombe Continuum of Care (CoC). The CoC oversees homelessness response in Asheville and Buncombe County.
The CoC has been awarded $95,000 in funds from Dogwood Health Trust to support CoC development based on needs identified by the CoC Board.
Vendor Outreach Efforts:
N/A Committee(s):
N/A Pro(s):
Supports development of the Asheville-Buncombe Continuum of Care Con(s):
None noted
Fiscal Impact:
This amendment will add $95,000 to the Special Revenue Fund.
Matching funds will not be required for this grant.
Item F · RES 25-199 / ORD 5173 · Utilities & Infrastructure · Resolution · consent agenda
Resolution to enter into a Round 3 cashflow loan agreement with the State of North Carolina (with budget amendment)
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
The North Carolina General Assembly created a $100 million cashflow loan program in December 2024 to help local governments whose communities were devastated by Hurricane Helene while they wait for federal reimbursements to arrive.
Asheville received two loan allocations through this program which Council approved via resolution
$2.8M in March 2025 and $1.8M in June 2025.
On July 31, 2025 The State Treasurer announced that an additional $51.5M in loans (Round 3) would be made available through the program.
The City received notification that it was awarded a Round 3 loan of $12.2M.
Asheville’s loan amount is higher in Round 3 due in part to the fact that the City, with assistance from Hagerty, has been very successful in moving projects forward and getting them submitted to FEMA for funding consideration.
Council has approved a number of budget amendments over the last two months for recovery projects, including the water treatment systems and muni golf course design. This $12.2M loan will help assist with cash flow as spending starts to occur on these projects while the City awaits FEMA reimbursements.
The loan, which is not structured as a forgivable loan due to duplication of benefit concerns with FEMA funding, comes with a 0% interest rate and a five-year payback schedule.
To participate in the cashflow loan program Round 3, local governments must execute a loan agreement, promissory note, and other associated agreements with the State.
Staff is recommending approval of a resolution accepting this third round of loan funding from the State and authorizing the City Manager to execute necessary documents to participate in the loan program. Pro(s):
While the loan can’t be utilized to replace revenue that City lost due to Helene, it will help with overall cash flow and strengthen the City’s balance sheet.
The State has indicated the possibility of multiple rounds of financial support so acceptance of this loan will help demonstrate to the State and other potential funders that there is a continued need for additional Helene-related assistance. Con(s):
None
Fiscal Impact:
As noted above, the City will receive approximately $12.2 million in cash from the loan to support Helene-related expenses.
The loan is designed to be a cash flow bridge until FEMA reimbursements are received, which will then be used to pay back the loan.
Unlike the Community Disaster Loan (CDL) program, which allows funding to be used to maintain essential government services after a natural disaster, the funding from this State loan can only be used for Helene-related response expenses that will ultimately be reimbursed as part of the FEMA Public Assistance Program.
Item G · RES 25-200 · Budget & Finance · Resolution · consent agenda
Resolution authorizing extension of contract with Responder Support Services for employee counseling services through October 31, 2025 and increasing the not-to-exceed amount
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
The City of Asheville contracts with RSS to provide individual counseling services to employees and their families.
The current contract expires and the City is in the process of developing and releasing an RFP to select a vendor through the competitive bidding process.
The amendment will extend the contract through 10-31-25 and increase the total contract amount by $7,250 to $181,249.
The requested amendment will allow time for the RFP process to be completed while ensuring no disruption in services to employees and families utilizing counseling services.
Vendor Outreach Efforts:
Current Contract
N/A Committee(s):
N/A Pro(s):
Fulfills employee and employee family benefit needs. Con(s):
None
Fiscal Impact:
Funding for this contract is available in the Health Fund operating budget.
Item H · RES 25-201 · Transportation · Resolution · consent agenda
Resolution permitting possession and consumption of malt beverages/unfortified wine at the Asheville Lovely Fall Festival on October 11-12, 2025
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
N. C. Gen. Stat. sec. 18B-300(c) authorizes the City by ordinance to regulate or prohibit the consumption and/or possession of open containers of malt beverages and unfortified wine on the public streets and property owned, occupied, or controlled by the City and to regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys or parking lots which are temporarily closed to regular traffic for special events.
The City Council of the City of Asheville has adopted an ordinance pursuant to that statutory authority; and that ordinance, codified as Section 11-11 in the Code of Ordinances of the City of Asheville, provides that the City Council may adopt a resolution making other provisions for the possession of malt beverages and/or unfortified wine at a special event or community festival.
Asheville Creative Arts has requested that City Council permit them to serve beer and/or unfortified wine at the Lovely Asheville Fall Festival on October 11 through 12, 2025, at Pack Square Park and allow for consumption at the event.
Alcohol boundaries are defined as per the accompanying event site maps. Committee(s):
None Pro(s):
Allows fundraising opportunities for the sponsoring nonprofit organization. Con(s):
None
Fiscal Impact:
This action requires no City resources and has no fiscal impact.
Item I · RES 25-202 · Economic Development · Resolution · consent agenda
Resolution authorizing informal construction contract with United Elevator for modernization of the freight elevator at Harrah's Cherokee Center Asheville
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
The HCCA elevator is original to the construction of the arena dating to the early 1970’s.
In 2023, staff applied for and were awarded grant funding through the Buncombe County Tourism Development Authority's Legacy Investment From Tourism (LIFT) Fund.
Matching funds for the LIFT grant are supplied through the naming rights agreement with Harrah’s Cherokee.
The planned improvements include, new controls, hoist, machine rope, doors, brakes and safety features.
Vendor Outreach Efforts:
Staff performed outreach to minority & women owned businesses through solicitation processes using the State’s interactive purchasing system.
Seven companies participated in site visits to review the project
Two companies formally submitted a bid for the project with United elevator as the lowest responsive and responsible bidder.
Bids were advertised on June 5, 2025. Two bids were submitted;
United Elevator, Knoxville, TN, $312,900
Elevated, Charlotte, NC $369,370
Total Contract amount of $344,190 includes a 10% contingency budget.
Neither responding companies were MWBE companies. . Committee(s):
NA Pro(s):
Upgrades will provide a safer and more efficient experience for guests and venue clients Con(s):
Venue will temporarily be required to operate with one functional elevator during the construction period.
Fiscal Impact:
Funding for this contract was previously budgeted and is available in the HCCA Capital Improvements fund.
Item IV-A · ORD 5175 · Zoning & Land Use · Public hearing
Public hearing to amend Chapter 7 of the Code of Ordinances (boards and commissions)
Passed7–0 · unanimous · Moved by Kim Roney, seconded by S. Antanette Mosley
All members present voted yes.
Staff report summary
Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend the Unified Development Ordinance to (1) better align with N.C. Gen. Stat. and Buncombe County County Government practices by revising number of members, and appointments, (2) remove quasi-judicial public noticing; and (3) make submitting Board of Adjustment (BOA) applications and administrative appeals more efficient by submitting them directly to the Planning Director, or their designee, rather than the City Clerk’s office. This public hearing was advertised on August 29 and September 5, 2025. Background:
The General Assembly of North Carolina passed Session Law 20-13-276 entitled “An Act to Clarify and Modernize Statutes regarding Zoning Boards of Adjustment,” effective October 1, 2013, which resulted in a number of modifications to N. C. Gen. Stat. sec. 160D-302 which governs the composition, duties and procedures of the Board of Adjustment.
On January 28, 2014, the Asheville City Council adopted Ordinance No. 4274, “Ordinance Amending Chapter 7 of the Code of Ordinances of the City of Asheville concerning Board of Adjustment procedures.”
City staff believe it is in the best interest to amend the membership terms to align them with N.C. Session Law 2013-30 regarding the Buncombe County Board of Commissioners appointments and to amend the location where appeals for zoning decisions are filed.
The amendment will revise the BOA membership to consist of a total of five regular members and three (was seven) alternate members. Four regular members and two (was five) alternate members to be appointed by City Council; and one regular member and one (was two) alternate members to be appointed by the Buncombe County Board of Commissioners.
The amendment to the location where appeals for zoning decisions are filed is from the city clerk to the online permit system, or the Planning Director or their designee.
The General Assembly in 2021 made updates to the required notices for quasi-judicial hearings, removing the requirement for published notices.
Staff believe it is in the best interest to amend the requirement for the published notice for quasi-judicial boards and hearings especially because only those with standing may participate in the discussion so general notices may be confusing to the public.
Staff is working internally and with the Communication & Public Engagement department to develop an improved means to provide public notice for these meetings.
The Planning and Zoning Commission recommended that in lieu of the published notice, that staff also send a notice to any potential neighborhood association in addition to the adjacent property owners.
Comprehensive Plan Consistency:
These proposed amendments support the Living Asheville Comprehensive Plan by the following:
Encourage Responsible Growth:
by promoting clear and effective communication between city residents at all stages of development through streamlining the Board of Adjustments processes; and ,
by improving government efficiency.
Fiscal Impact:
Saves $3,300.00-$5,700.00 annually in posting/noticing fees.
Staff Recommendation:
Staff recommends approval of this zoning text amendment request based on the reasons stated above. Mr. Palmquist reviewed the proposed amendments as follows: (1) 7-3-3
The board of adjustment for the City of Asheville shall consist of five regular members and three seven alternate members. Four regular members and two five alternate members who are residents of the City of Asheville shall be appointed by the Asheville City Council. Two One regular member and one two alternate member who resides within one mile of the municipal limits shall be appointed by the Buncombe County Board of Commissioners, pursuant to N.C. Session Law 2013-30; (2) 7-5-20
Published notice shall not be required for quasi-judicial hearings, with the exception of hearings for special use permits. PZC: Include Neighborhood Associations in mailing; and (3) 7-6-1 +7-6-2
Planning Director, or designee receive applications, not city clerk. The following was the review process (1) Board of Adjustment
May 20, 2024: Approved initial conceptual proposal (Vote 7:0); and (3) Planning & Zoning Commission
August 6, 2025: Approved current proposal (Vote 6:0)
Separated ADU amendment; Included condition for Neighborhood Association notification for Quasi-Judicial matters. He said the amendments comply with the Living Asheville Comprehensive Plan goals by (1) Encourage Responsible Growth: (a) by promoting clear and effective communication between city residents at all stages of development through streamlining the Board of Adjustments processes; and (b) by improving government efficiency; and (2) Responsible Regionalism (a) Improve Regional Collaboration, Coordination, and Communication; (b) Interwoven Equity
Community Involvement in Decision-Making; and (c) A Healthy Community
Fiscal Sustainability. Additional alignment considerations are (1) NCGS
Statutory Compliance; (2) Buncombe County Processes
Clearer coordination; and (3) FAST
Confusion for submitting flood variances. Staff recommends Council approve the proposed wording amendments to Chapter 7 of the Asheville Code of Ordinances and find that the proposed amendments are reasonable, are in the public interest, are consistent with the City's comprehensive plan and meet the development needs of the community in that the amendments will: 1) align boards and commissions with statutory requirements; and, 2) improve the efficiency of city operations. In response to Councilwoman Roney, Mr. Palmquist said that signage will still be posted on the property. Mayor Manheimer opened the public hearing at 6:24 p.m., and when no one spoke, she closed the public hearing at 6:24 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.
Item IV-B · ORD 5176 · Zoning & Land Use · Public hearing
Public hearing to amend the conditional zoning of properties at 1617 Hendersonville Road (site plan and conditions)
Passed7–0 · unanimous · Moved by Bo Hess, seconded by Sheneika Smith
All members present voted yes.
Staff report summary
Principal Planner Will Palmquist said that this is the consideration of an ordinance to amend the conditional zoning of 28 properties totalling approximately 125 acres located at 1617 Hendersonville Road for the purposes of amending the site plan and conditions. This public hearing was advertised on August 29 and September 5, 2025. Project Location and Contacts:
The project site consists of a 120-acre parcel located at 1617 Hendersonville Rd (PIN 9645-89-9707) and 27 smaller parcels within the community.
Owner name: Deerfield Episcopal Retirement Community Inc Summary of Petition: Project Site
The project site consists of one large property, and 27 smaller properties totalling approximately 125 acres located at 1617 Hendersonville Rd.
The project site is the Deerfield Episcopal Retirement Community, a faith-based, non-profit retirement community offering a full continuum of care, including independent living, assisted living, and skilled nursing care on-site.
The main property at 1617 Hendersonville Rd is approximately 120 acres (PIN 9645-89-9707). The 27 additional parcels within the conditional zoning total approximately 5 acres and are: 14, 18, 28, 38, 39, 48, 49, 55, 58, and 59 Glastonbury Ln, 9, 15, and 17 Hastings Ct, and 1, 2, 3, 5, 6, 7, 19, 21, 22, 32, 42, 52, 57, and 62 Lincolnshire Loop and PINs 9645-80-8283, -8698, -9351, -9708, -9826, 9649-90-0309, -0448, -0578, -0742, -1117, -1177, -1341, -1494, -1796, -2176, -2362, -2515, -2616, -3138, -3294, -3329, -3488, -3706, -4330, -4528, -4722, and -5823
The community was founded in 1955 and has been expanded multiple times over the years, most recently through a Conditional Use Permit approved in 2008.
The site is currently zoned Commercial Expansion
Conditional Zone (COM EXP-CZ) by Ord. No. 4397, adopted on August 24, 2021, for the purposes of constructing a major expansion of the existing Deerfield retirement community along with associated site improvements including parking, open space, and sidewalk connections.
Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM), the site is designated “Residential Neighborhood.” A change to the Future Land Use map is not required. Overall Project Proposal
The project proposes a major amendment of similar scale to the previously approved conditional zoning at the Deerfield site, mainly on the vacant southern half of the main parcel. The project consists primarily of new building construction, and also includes additions to existing buildings on the northern portion of the site.
The existing conditional zoning for the expansion approved in 2021 proposed a total new building construction of approximately 833,000 sq. ft. This amendment proposes a total new building construction of approximately 822,300 sq. ft.
The project proposes the following new building construction, built in phases as appropriate:
Expansion of the existing skilled nursing facility (approximately 23,500 sq. ft.)
9% increase from the original CZ of 21,500 sq. ft.
A new, five-story independent living building with 69 units (approximately 191,000 sq. ft.)
13% decrease from the original CZ of 220,000 sq. ft.
12 new “Hybrid” buildings, each with 16 Independent Living apartments (approximately 45,600 square feet per building, and 547,200 sq. ft. total)
A 27% increase per building from the original CZ of 36,000 sq. ft. per building.
Three separate building additions to the existing Haden Hall, totalling 48,400 sq. ft., as identified on site plan as Haden Hall East: 6 stories tall to match existing Haden Hall height, Haden Hall South: 3 stories tall, and Haden Hall West: 1 story tall
A 67% decrease from the original CZ of 148,000 sq. ft.
An addition to the existing Community Center for a new multi-purpose room (approximately 9,000 sq. ft.)
No change from original CZ
A new outdoor center building (approximately 9,400 sq. ft.).
Not proposed in the original CZ
Several existing buildings will be renovated and repurposed as part of this expansion project.
Other site improvements include:
Approximately 333 parking spaces in new surface parking lots and expansions of existing surface parking lots, 69 structured parking spaces within the proposed new Independent Living Building, and parking spaces within individual residential driveways and garages.
The proposed 128-space parking structure in the original CZ has been removed.
Extensive landscaping, walking trails, preserved trees, and new tree plantings.
The proposed water feature in the original CZ has been removed.
A Type “B” 30’-wide Landscape Buffer where the project site abuts residential zoning districts along its western, southern, and southeastern boundaries.
A minimum of 10% of the total project site designated as Open Space.
Compliance with the Tree Canopy Preservation standards in Article XIX of the UDO.
Per the draft Exhibit E
Project Conditions, all proposed building sizes and units may vary up to 10% in the final plan.
The tallest building will not exceed 65’ in height. The final approved plans shall substantially comply with the conceptual master plan and building elevation exhibits contained within Exhibit D. Access, Sidewalks and Parking
Vehicular access to the Project will continue to be from Hendersonville Rd via Valley Springs Rd, Lambeth Dr, and Racquet Club Rd. Internal access and circulation will be via a private drive, as shown on the site plan.
The project site is located on the ART S6 bus route. A bus stop was installed on the project site pursuant to the 2008 Conditional Use Permit (CUP). That bus stop will remain on site.
New sidewalk along Hendersonville Rd along the project’s frontage built to City standards, with final design to be approved by the City Traffic Engineer.
Internal sidewalks, walking surfaces, and pedestrian connections, as approximately shown on the site plan, ranging from 5’ to 8’ in width.
Staff Recommendation:
Staff recommends approval of this rezoning request based on the reasons stated below. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018)
The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including: - Encourage Responsible Growth
by prioritizing greater densities of development overall, throughout the city as appropriate. - Increase and Diversify the Housing Supply
by ensuring a diverse mix of housing to accommodate a broad range of age groups, lifestyle choices and affordability levels. - Increase Access to Opportunities for All
by realizing goals for an Age Friendly Community.
The proposed rezoning is compatible with the proposed Future Land Use designation of "Residential Neighborhood", which is proposed, in part, that, “Over time, residential neighborhoods can benefit from having more housing diversity such as accessory apartments, duplexes and other types of small-scale infill housing”.
Compatibility Analysis:
The project is integrated into the existing Deerfield retirement community and is, therefore, consistent and compatible with that community that already provides a full range of housing types and support services.
The existing community and proposed expansion is compatible with the surrounding residential land uses. Committee(s):
Planning & Zoning Commission (PZC)
August 6, 2025
Continued at the applicant’s request to allow for more time to work through requested amendments with the surrounding neighborhood.
Planning & Zoning Commission (PZC)
September 3, 2025 Recommend approval (Vote: 4-1) with the following conditions.1) Incorporation of the amended “E1 conditions”, as presented, with additional clarification that the funds for the buffer landscaping on the Ramble HOA property shall be transferred to the Ramble HOA or its designee; 2) Amendment of Project Condition #4 to state a maximum total building square footage of 822,300 sq. ft. and a maximum unit count of 261; and, 3) An additional condition for a sidewalk connection through Salisbury Drive on the subject property. Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the site plan, (1) New building construction totalling approximately 822,300 sq. ft.; (2) 261 independent living units, 10 assisted living units, and 24 health center beds; (3) 333 surface parking spaces and 69 structured parking spaces
325 min/607 max (plus spaces for employees); (4) Landscaping, Planted Buffer, TCP, and Open Space; (6) A) Health Center Addition
23,500 sq. ft
2 stories; (7) E) Hayden Hall Additions
48,400 sq. ft.; (8) East: 6 stories
South: 3 stories; West: 1 story; (9) G) Blue Ridge Community Room Addition
9,000 sq. ft.; 2 stories; (10) H) Independent Living Building
69 units and 191,000 sq. ft.; 5 stories; (11) I) Hybrid Homes
547,200 sq. ft.
12 new buildings; 16 units and 45,600 sq. ft. each; 3/4 stories; and (12) K) Outdoor Center
9,400 sq. ft.; 2 stories. He showed the conceptual master plan comparisons. The conditions are (1) All proposed building sizes and number of proposed units may vary up to 10% in the final plan, not to exceed the maximum sq. ft. and unit counts.; (2) The tallest new building will not exceed 65’ in height; (3) The operation of the Grounds Maintenance Building will be located off campus; (4) Funds dedicated to additional landscape screening on HOA-owned property that borders the Deerfield site; (5) A new sidewalk will be built on Hendersonville Rd along the project’s frontage, designed to City standards in coordination with NCDOT, with final design to be approved by the City Traffic Engineer; and (6) Internal sidewalks, walking surfaces, and pedestrian connections, as approximately shown on the site plan, ranging from 5’ to 8’ in width. Regarding southeast parking conditions, (1) Limits on number of spaces and vehicles to be parked; (2) Details on covered golf cart parking design; (3) Specifications on site lighting; (4) 8’-tall privacy fence; (5) Temporary, construction screening; and (6) Details on dumpster and trash compactor location. For the review process, (1) Technical Review Committee (TRC)
June 6, 2021
Approved with conditions; and (2) Planning and Zoning Commission (PZC)
September 3, 2025
Approved (Vote 4:1) with the following conditions: 1) Incorporation of the amended “E1 conditions”, as presented, with additional clarification that the funds for the buffer landscaping on the Ramble HOA property shall be transferred to the Ramble HOA or its designee; 2) Amendment of Project Condition #4 to state a maximum total building square footage of 822,300 sq. ft. and a maximum unit count of 261; and, 3) An additional condition for a sidewalk connection through Salisbury Drive on the subject property. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Councilwoman Roney asked if the applicant is pursuing any renewable energy options and/or is there anything preventing them from the future adoption of renewable energy options. Mr. Palmquist said he would have to defer to the applicant to respond. Councilwoman Roney asked where we are at with tree canopy preservation requirements. Mr. Palmquist said they will be required for the entire site, but he would have to look back at the 2021 Technical Review Committee report, but essentially that entire 125 acre area that the Deerfield area consists of will be calculated through that requirement. He recalled that at the last review they met the vast majority of that requirement. That was not reviewed at this stage of the project. In response to Councilwoman Roney about what is typically included in the application for the conditional zoning process. Mr. Palmquist said the applicant’s Exhibit D contains most, if not all, of the drawings you would typically see in a conditional zoning review. Those were provided as supplemental information since the time of original submission. Things like stormwater plans that are still very conceptual were not initially included; detailed landscape drawings were not initially included and that was in response to the level of detail and certainty they had in their development drawings at that stage. Staff was willing to accept that and take it through as a more conceptual review. Council has done that for a few projects that are larger and more complex and might take more time to work out the details on. When Councilwoman Roney asked if the Unified Development Ordinance (UDO) allows this type of master plan review without those documents, Mr. Palmquist said that the UDO is not very specific. Staff have checklists for conceptual review for conditional zonings and we are able to administer some flexibility around those things. We are not necessarily super tied down by the UDO itself. Councilwoman Roney said that she did talk with the applicant about permeable parking surfaces and wondered if our development standards give us an option of some voluntary support in our stormwater efforts. After talking with the neighborhood, she wondered if the applicant would be willing to (1) reduce the number of parking spaces; (2) do permeable instead of impervious surfaces; and (3) use the main entrance for the construction traffic. Mr. Bob Oast, attorney representing Deerfield, explained how Deerfield would like to expand their facilities in south Asheville. He explained that this is an amendment to the existing conditional zoning of 2021. He said that Deerfield has met numerous times with neighbors and has made major adjustments to the site plan, with the main adjustment being the relocation of the grounds maintenance facility to an off-site location. Other changes include, but are not limited to, enhanced buffers, conditions, lighting, etc. All of which are conditions for the project. The project complies with several different goals of the Living Asheville Comprehensive Plan. He said that a letter was sent to Mr. Palmquist which detailed the approximately $3 Million in sustainability efforts over the past 7-10 years. Deerfield has also made substantial financial contributions to the City’s Affordable Housing Trust Fund. He urged City Council to support this conditional zoning amendment. Mr. Chris Day, with Civil Design Concepts, went into details of the project, noting that they have eliminated all of the jurisdictional impact for wetlands and streams in the south campus. This plan protects more of the canopy, the forest and the existing environmental features. There have been over 30 meetings and phone calls with neighbors. He felt that concerns have been expressed by the neighbors about what will happen in the southeast portion of the property parking lot. He felt they have addressed those concerns in the conditions, regarding outdoor lighting, 6-foot tall temporary construction fence, landscape buffer plantings and new permanent privacy fence, funding to the Ramble HOA landscape architect for additional buffer plantings on the Ramble HOA property, parking lot in southeast area limited to personal vehicles, etc. They have met with the City’s Traffic Engineer and N.C. Dept. of Transportation to ensure that access for construction vehicles are done in a safe manner. Mr. Day responded to Vice-Mayor Mosley when she asked if the applicant could reduce the number of 135 parking spaces. He said that they need the 135 parking spaces on the site. The plans have evolved, but there always was 100 parking spaces and the grounds maintenance facility in the southeast corner, and then they relocated the grounds maintenance building, so they added an additional 35 needed parking spaces, for a total of 135 spaces. He noted that the applicant would like to amend the condition no. 7 to delete the word “minimum” parking requirements, because they don’t want more parking than they need. They have also committed to 444 plants in the buffer on our side of the line. Ms. Libby Bush, CEO and President of Deerfield, provided Council with the description, statistics and activities of Deerfield . They want to enrich the lives of those who live in Deerfield and want to offer more options. Mayor Manheimer opened the public hearing at 7:19 p.m. Ten individuals were not opposed to Deerfield’s residential buildings; however, they spoke in opposition to the proposed conditional zoning amendment for various reasons, some being, but are not limited to: 135 parking spaces are too many in the southeast corner which will have a negative effect on property values, cause people to more, and is not in keeping with the character of the neighborhood; need to explore alternate route (other than Racquet Club Road) for construction vehicles because Racquet Club Road it is an active road with many pedestrians and existing traffic with serious safety concerns; noise from golf carts and employees opening and closing doors; fumes, water runoff; oil and gas dripped from cars running into Dingle Creek; need for additional watershed protection measures; and question completeness of application and have appealed to the Board of Adjustment who will hear appeal on September 22. Mayor Manheimer closed the public hearing at 7:59 p.m. Mr. Day responded to various questions/comments from Council, some being, but are not limited to: confirmation that the lighting in the parking lot meets the City’s dark sky ordinance with no light spillage over the parking lot; confirmation that the very wooded area in the southeast corner will not be cleared and re-planted; confirmation of their stormwater mitigation including a series of rain gardens and stormwater ponds; confirmation that it is not possible to reduce the parking spaces in this particular southeast section and spread them throughout the development; and confirmation that the site plan cannot be flipped so that parking spaces can be on the southwest corner of the site and the houses on the southeast corner. In response to Councilwoman Roney regarding the pending Board of Adjustment appeal, City Attorney Branham said that current North Carolina law does not impose a stay on the rezoning process while an appeal to a board of adjustment is pending. If requested by the applicant to move forward, Council must move forward with the request in a timely manner. When the Board of Adjustment renders a final decision, that can be appealed again to Superior Court. Depending upon the outcome, it may have an effect after the fact on what Council does tonight. Councilwoman Roney felt she could support this amendment since the parking requirements can go below the minimum requirements. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.
Resolution authorizing amendment to the contract with Daikin Applied for Harrah's Cherokee Center Asheville's building automation
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
HCCA has been upgrading the HVAC Building Automation system for nearly 2 years (Software, service, computer and communications equipment)
To date, approximately 80% of the Building Automation system has been upgraded.
The amendment to this contract includes work of replacement of 2 new primary control JACE modules and controllers for air handlers and VAV units and the integration and programming of modules and controllers along with support signal boosters.
This will ensure seamless and continuous uninterrupted operations of the HVAC system during events.
The additions allow better temperature control by HCCA staff and increased energy efficiency.
Vendor Outreach Efforts:
When initially contracted, staff performed an informal bidding process which included outreach to Minority & Women-Owned Business Enterprise (MWBE) service providers for services.
No MWBE service providers responded. Committee(s):
None Pro(s):
Reduced energy consumption with well maintained equipment with intelligent controls.
Immediate, contractual service response for potential outage repairs that are not in the skill set of current facility staff. Con(s):
None.
Fiscal Impact:
Funds are budgeted within the Harrah’s Cherokee Center’s Capital Projects Fund ($25,600).
Item K · RES 25-204 · Environment & Sustainability · Resolution · consent agenda
Resolution authorizing amendment to Harrah's Cherokee Center Asheville's contract with Pepsi Cola Bottling Company of Hickory NC
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
After a competitive bid process, in December 2020 staff executed a six year sponsorship agreement with Pepsi Bottling Company of Hickory NC.
Pepsi provides equipment (refrigerators, coolers, recycling bins and ice machines) and service upkeep for the HCCA at an in kind value of over $125,000 annually.
Pepsi will increase their annual cash sponsorship of the venue from $5,000 to $13,500
Pepsi will increase their annual complimentary product provided to the venue from 100 cases to over 350 cases.
Pepsi provides fair product purchase rates, with locked in maximum increases for the duration of the contract.
Pepsi, HCCA staff and the Eastern Band of Cherokee Indians have worked diligently together for well over a year to create an opportunity for the HCCA to drastically reduce the amount of single use plastic bottles sold at the venue.
On average over 40,000 plastic bottles are sold at the HCCA
The amendment to the agreement introduces Cherokee Water, a 16oz canned water option. In addition all carbonated beverages will transition to 12 and 16oz cans.
Plastic bottle sales should decrease by over 90%.
The amended contract will increase the annual product purchase for resale budget from $120,000 to $150,000 annually and will increase the contract maximum from $600,000 to $1,350,000.
Average profit margin on Pepsi products sold at the HCCA is 42%.
HCCA will continue to exclusively sell Pepsi distributed products in the Non-alcoholic beverage categories of carbonated beverages, water and sport drinks. Committee(s):
None Pro(s):
Guaranteed purchase rates for the HCCA Food & Beverage department
Drastic reduction in single use plastic bottle sales
Increase in annual cash sponsorship
In line with plastic free Asheville goals Con(s):
None.
Fiscal Impact:
Funding (not to exceed $150,000 annually) is available in the HCCA operating budget.
Purchases through this contract are offset by product sales and will generate additional revenue.
Item L · RES 25-205 · Zoning & Land Use · Resolution · consent agenda
Resolution authorizing contract with NV5 Engineerings and Consultants Inc. for the London Road Sidewalk Improvements Project
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
The City of Asheville is committed to expanding its network of pedestrian routes and ensuring they are safe, accessible, and comfortable for all users.
The plan to achieve this is described in the City of Asheville’s Greenway, ADA, and Pedestrian (GAP) Plan, adopted by the City Council in October 2022. The GAP plan produced detailed project prioritization lists for top-ranked ADA and Pedestrian Plan projects.
London Road is included in the GAP Plan’s project prioritization lists for pedestrian improvements, including ADA compliance.
This project includes the design of approximately 0.4 miles of new sidewalk and drainage along London Road, from adjacent to the intersection with Sweeten Creek Road, to the intersection with Belvedere Road.
Easement and Right-of-Way acquisition, as well as Construction Administration, are included in the scope.
The Anticipated Design Timeline is September 2025
September 2026.
The Request for Qualifications (RFQ) was advertised on April 11, 2025. The ten (10) firms listed below submitted statements of qualifications, and were evaluated by a city staff selection committee. NV5 ranked the highest (most qualified).
Baker Engineering
Bowman Consulting
Kimley-Horn and Associates
Mattern & Craig Engineers · Surveyors
NV5 Engineers and Consultants
Passero Associates
Rummel, Klepper & Kahl (RK&K)
Terra Firma Design
TranSystems
WSP
Funding for London Road Sidewalk Improvements was approved through a 2024 Bond Referendum.
Vendor Outreach Efforts:
Staff performed outreach to minority and women owned businesses, through solicitation processes using the State’s Interactive Purchasing System in accordance with the State statute regarding professional service contracts. Committee(s):
None Pro(s):
This project will directly achieve City goals.
It will provide a safe, accessible, pedestrian route that connects neighborhoods to Downtown and surrounding amenities. Con(s):
During Construction, traffic flow will be impacted along London Road. This will be addressed through required traffic control and pedestrian safety measures (if portions of the existing sidewalk are closed).
Fiscal Impact:
The $292,340 is allocated for design, and total project costs are fully funded with 2024 General Obligation Bonds.
Item M · RES 25-206 / ORD 5173 · Budget & Finance · Resolution · consent agenda
Resolution authorizing contract with Olin Partnership Limited to rebuild the Azalea Parks and Infrastructure System (with budget amendment)
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
In late September 2024, the City of Asheville experienced unprecedented rainfall both from Tropical Storm Helene and a predecessor heavy rain event. A state of emergency covering Asheville was declared on September 25th, 2024 in relation to Tropical Storm Helene.
It is estimated that storm damage to city-owned infrastructure totals at $1 billion, and that rebuilding will take years.
The focus of infrastructure recovery, in the short term, is to assess damage and lay the groundwork for the long-term effort. The City is committed to doing this in a way that promotes efficiency and ensures maximum use of outside funding sources.
FEMA Public Assistance (FEMA PA) guidance recommends grouping damage assessment and repair into logical projects.
The Azalea Parks and Infrastructure components have been combined into one FEMA PA design project and includes Gashes Creek Road bridge and dam, Azalea Road East, Recreation Park and Azalea Park, including the swimming pool and support buildings.
On April 24th, 2025 staff posted a Request for Qualifications (298-AzaleaParkRecovery-FY25) for this project soliciting statements of qualifications from interested design firms for full design services, including a review/inventory damages, providing resilient design services, cost estimates and FEMA coordination.
Eighteen different statements of qualifications were received from across the country.
A seven member selection committee evaluated and ranked the statements of qualifications and interviewed two firms.
Olin Partnership Limited, with offices in Philadelphia, PA and Los Angeles CA was selected as the most qualified firm based on the criteria listed in the RFQ.
Funding for this project is anticipated to come from multiple sources, including FEMA PA, Hazard Mitigation Grant Program (HMGP), and Community Development Block Grant-Disaster Recovery (CDBG-DR) grants.
Design Phases
Phase I
The scope of this contract phase includes preliminary bridge and dam alternatives analysis, Hydrologic and Hydraulic Modeling, and benefit cost analyses for alternatives.
This design service will be used to support a HMGP advanced assistance application and provide more clear direction for the Phase II design work, both anticipated in October 2025.
Phase II
Design concepts are further vetted along with the technical requirements and the related requirements of federal funding sources through 60% design, and will support a HMGP implementation and construction grant application anticipated in the summer of 2026.
Phase III
This phase will pick up the design from 60% and carry it through Construction Administration.
Phases II and III may result in independent or combined contract amendments depending on the findings of the Phase I design efforts.
Due to the overlap of flood studies between the bridge, dam and park elements, the early design of these elements will occur concurrently.
However, if there are opportunities to break-out later phases of design or construction (like the bridge and dam for example) into early or separate bid packages, we will do that wherever possible.
Vendor Outreach Efforts:
This is a professional services qualifications based selection process following NCGS 143-64.31
Staff performed outreach to minority and women owned businesses (MWBE) through solicitation processes using the NC electronic Vendor Portal (eVP)
Staff also contacted twelve MWBE vendors directly with notification of upcoming City of Asheville professional services opportunities, this project being one of the opportunities on the list.
Eighteen firms responded to the RFQ. Olin Partnership Limited was selected as the most qualified firm based on the criteria listed in the RFQ.
Olin Partnership Limited is a woman owned firm and will be acting as the design lead on this contract. Committee(s):
N/A Pro(s):
Provides a comprehensive recovery and enhancement design plan to rebuild, mitigate, and improve Asheville's parks and infrastructure in this area.
Provides a long-term vision for resiliency and community protection along the riverfront. Con(s):
None.
Fiscal Impact:
The proposed contract for this project, including contingency, totals $250,000. This amount is expected to be fully offset by reimbursements: 90% through the FEMA-PA program and the remaining 10% from state sources for damages. Furthermore, we will pursue additional funding for project mitigation and enhancements from HMGP and CDBG-DR.
Item N · RES 25-207 · Zoning & Land Use · Resolution · consent agenda
Resolution authorizing contract with Novus Architects for design and construction administration services for 8 River
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
“8 River Arts Place” is a one-story brick structure built in 1933, originally serving as the office building for a manufactured gas plant. It was eventually donated by PSNC/SCANA Energy to the City and is listed on the National Register of Historic Places as a contributing structure to the Riverside Industrial Historic District. There is also a registered brownfield agreement for the site.
The Finished Floor Elevation of the structure is several feet below Base Flood Elevation, but the National Flood Insurance Program (NFIP) allows for variances for eligible historic structures undergoing “substantial improvements” from flood protection standards.
A design for the rehabilitation of the structure was completed in 2015, with construction completed in 2017. As a contributing historic structure, the building was eligible for (and still is) a variance from the City's flood protection standards, and was granted this in April 2016 as part of a Board of Adjustment review.
In September 2024, the building was significantly damaged by Hurricane Helene, with damages primarily impacting the building’s Mechanical, Electrical, and Plumbing components. In March 2025, the City determined the building to be “substantially damaged”, a term defined in the context of the National Flood Insurance Program as when the total cost of repairs necessary to restore the building to its pre-damaged condition is 50% or more of the building’s pre-storm market value.
The scope includes the Design for the repair or replacement of mechanical, electrical, and plumbing components, architectural elements, and limited site elements that were damaged by Tropical Storm Helene.
The scope will also include identifying and assessing opportunities for flood mitigation.
Considerations will be given to flood proofing the building to create resilience against future flooding events. These techniques may include but are not limited to using flood resistant finishes and fixtures, potting or sealing electrical conduit, and raising mechanical equipment.
The feasibility of elevating, removal or relocation of the structure will also be discussed but will be impacted by the Historical Designation of the facility.
Design services will include: - Damage assessment cost estimating - Environmental and Historic Preservation Considerations (EHP) - Full service design, cost estimating, construction documentation - Bidding assistance - Construction administration services
The RFQ was issued May 9, 2025. The six (6) firms below were evaluated by a selection committee, with Novus Architects ranked the highest (most qualified).
Altura Architects
Carleton Collins Architecture
In Situ Studio
Novus Architects
Peacock Architects
Sizemore Group
The Anticipated Design Timeline is October 2025
June 2026.
Vendor Outreach Efforts:
Staff performed outreach to minority and women owned businesses, through solicitation processes using the State’s Interactive Purchasing System in accordance with the State statute regarding professional service contracts. Committee(s):
None Pro(s):
This building has been non-operational since September 2024. As a contributing historic structure with public restrooms and leasable space, it was a valuable asset to the City and greater community. This project will restore functionality to the building and return this asset to the community. Con(s):
None
Fiscal Impact:
The cost is expected to be reimbursed with a combination of FEMA-Public Assistance and State of NC funding, with the 90/10 cost share.
Funding for this work is budgeted in the General Capital Projects Fund.
Item O · RES 25-208 · Budget & Finance · Resolution · consent agenda
Resolution authorizing contract amendment with Samsara Inc. for fleet telematics and camera solutions
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
Contract 92400188 is a three-year term contract that was executed on October 24, 2023, between the City and Samsara, Inc., under the Sourcewell cooperative purchasing program’s contract 020221-SAM (Expiration 03/26/2026) for the provision of fleet telematic and camera solutions.
Under this contract, the City pays for GPS/camera licensing fees only with Samsara providing the equipment at no cost.
Samsara’s software uses location data from installed GPS units and cameras to provide live tracking and camera footage for Public Works vehicles and integrates with both the City’s GIS system and fleet management software.
The GPS/camera units and software integration provides several benefits, including the capability for real-time location tracking, enhanced security and theft prevention, and increased accountability and transparency.
Most importantly, GPS tracking can be used to monitor driving behaviors and identify unsafe practices, and cameras can provide visual evidence in the case of accidents or disputes, helping to determine fault and protect from false claims.
An amendment was executed on May 16, 2025, to increase contract funding to allow for additional licenses.
This increased the coverage of GPS and camera units to approximately 78% and 40% of the Public Works fleet, respectively.
The contract currently totals $60,848.45, which consists of Year 1 and year-to-date Year 2 expenses.
This second amendment would further expand the contract with Samsara to include GPS and cameras for the remainder of the existing Public Works fleet.
New licensing costs will be pro-rated for the remainder of the second year, while the full costs for the currently-existing and newly-added licenses will be charged for Year 3.
To account for the increased licensing costs and shipping costs for the additional equipment, as well as allowing for potential fleet additions through the remaining contract term, the contract funding is being increased by $71,151.55 for a total not-to-exceed contract amount of $132,000.
Vendor Outreach Efforts:
This is an amendment to Contract 92400188 with Samsara, Inc., which was completed under Sourcewell Contract 020221-SAM, thus no outreach efforts were conducted. Committee(s):
None Pro(s):
Directly integrates with the current fleet management software and GIS system.
Staff are already trained on the software.
All existing Public Works vehicles would have a GPS and camera unit installed.
GPS/camera data results in increased safety, accountability, and transparency, as well as evidence in cases of accidents or legal disputes.
Only licensing costs are paid, Samsara provides the hardware at no cost aside from shipping fees. Con(s):
Recurring annual licensing costs.
Fiscal Impact:
The fiscal impact will vary depending upon utilization; however, spending will not exceed the limit of $132,000.
Funding for this contract will be pulled from the FY 2025-2026 budgets for Sanitation (General Fund), Streets (General Fund), and the Streets
Utility Cut and Stormwater Enterprise Funds.
Motion:
Move to adopt resolution authorizing the City Manager to execute an amendment to Contract 92400188 with Samsara, Inc., increasing the total contract funding by $71,151.55 for a total not-to-exceed amount of $132,000 and authorizing the City Manager to execute any documents necessary to give effect to this resolution. P. RESOLUTION NO. 25-209
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PASSPORT LABS INC. FOR A PARKING CITATION AND PERMIT MANAGEMENT SYSTEM AND A PARKING ENFORCEMENT LICENSE PLAT RECOGNITION SYSTEM
Background:
Passport Labs, Inc. has been the City’s vendor for parking citation and permit management since March 2021, and their existing contract will expire December 31, 2025.
An RFP was issued in 2025 for a new citation and permit management system, and Passport Labs, Inc. was the vendor selected through this competitive RFP process.
Eight vendors submitted proposals, which were evaluated by a staff team.
The four highest scoring vendors were invited to do a presentation and interview with the evaluation team.
Passport was the vendor selected by the staff evaluation team.
The Parking Citation and Permit Management Systems are critical to the Parking Services Division’s Operations and revenue generation, as they comprise the systems used to issue, track, and collect revenues for citations and permits.
Incorporation of a License Plate Recognition System (LPR) that will integrate with the citation and permit management system will significantly improve enforcement and operational efficiency by automatically scanning and checking license plate numbers against valid monthly permits, eliminating the need for enforcement officers to look up each plate for a permit.
Additionally, an LPR system will greatly improve the ability to enforce parking space and loading zone time limit restrictions.
The Parking Services LPR system will not be used to enforce anything other than parking regulations.
It will not integrate with any law-enforcement associated systems or databases.
Staff seeks approval to execute a contract with Passport Labs, Inc. for an initial term of three years with up to two additional one-year optional renewals for a total contract amount not to exceed $1,031,900.
Vendor Outreach Efforts:
A request for proposals (RFP) was issued to solicit proposals for a parking enforcement citation and permit management system, and the vendor was selected through the City’s RFP process.
The RFP was also posted on the International Parking and Mobility Institute’s website for vendor outreach. Committee(s):
None Pro(s):
The LPR system will significantly improve efficiency of permit enforcement, time limit and loading zone restrictions. Con(s):
None
Fiscal Impact:
The total contract amount, including option years, will not exceed $1,031,900.
Year 1
$213,549, includes the one-time hardware purchase for a mobile parking enforcement LPR system of $42,175, as well as the monthly costs for permit management, citation management, and LPR software.
Note: The first year’s costs were voluntarily discounted by the vendor to help offset some parking revenue losses from Tropical Storm Helene.
Year 2
$190,874
Year 3
$198,749
Year 4 Option
$207,018
Year 5 Option
$215,700
$6,000 is also included in the total contract amount for the purchase of up to 10 new printers for citations to replace as needed over the course of the 3 to 5 year contract at $600 each.
The required funding for the first year of the contract is budgeted in the FY26 Parking Services Division Operating Budget.
Additional funds as needed will be included in future Parking Services Division Operating Budget requests.
Item P · RES 25-209 · Budget & Finance · Resolution · consent agenda
Resolution authorizing contract with Passport Labs Inc. for a parking citation and permit management system and LPR enforcement system
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
Passport Labs, Inc. has been the City’s vendor for parking citation and permit management since March 2021, and their existing contract will expire December 31, 2025.
An RFP was issued in 2025 for a new citation and permit management system, and Passport Labs, Inc. was the vendor selected through this competitive RFP process.
Eight vendors submitted proposals, which were evaluated by a staff team.
The four highest scoring vendors were invited to do a presentation and interview with the evaluation team.
Passport was the vendor selected by the staff evaluation team.
The Parking Citation and Permit Management Systems are critical to the Parking Services Division’s Operations and revenue generation, as they comprise the systems used to issue, track, and collect revenues for citations and permits.
Incorporation of a License Plate Recognition System (LPR) that will integrate with the citation and permit management system will significantly improve enforcement and operational efficiency by automatically scanning and checking license plate numbers against valid monthly permits, eliminating the need for enforcement officers to look up each plate for a permit.
Additionally, an LPR system will greatly improve the ability to enforce parking space and loading zone time limit restrictions.
The Parking Services LPR system will not be used to enforce anything other than parking regulations.
It will not integrate with any law-enforcement associated systems or databases.
Staff seeks approval to execute a contract with Passport Labs, Inc. for an initial term of three years with up to two additional one-year optional renewals for a total contract amount not to exceed $1,031,900.
Vendor Outreach Efforts:
A request for proposals (RFP) was issued to solicit proposals for a parking enforcement citation and permit management system, and the vendor was selected through the City’s RFP process.
The RFP was also posted on the International Parking and Mobility Institute’s website for vendor outreach. Committee(s):
None Pro(s):
The LPR system will significantly improve efficiency of permit enforcement, time limit and loading zone restrictions. Con(s):
None
Fiscal Impact:
The total contract amount, including option years, will not exceed $1,031,900.
Year 1
$213,549, includes the one-time hardware purchase for a mobile parking enforcement LPR system of $42,175, as well as the monthly costs for permit management, citation management, and LPR software.
Note: The first year’s costs were voluntarily discounted by the vendor to help offset some parking revenue losses from Tropical Storm Helene.
Year 2
$190,874
Year 3
$198,749
Year 4 Option
$207,018
Year 5 Option
$215,700
$6,000 is also included in the total contract amount for the purchase of up to 10 new printers for citations to replace as needed over the course of the 3 to 5 year contract at $600 each.
The required funding for the first year of the contract is budgeted in the FY26 Parking Services Division Operating Budget.
Additional funds as needed will be included in future Parking Services Division Operating Budget requests.
Ordinance enacting a 25 mph speed limit on Emma Road, Craven Street, Miller Road and related segments
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
N.C. Gen. Stat. § 20-141 gives the City the authority to regulate speed limits within its corporate limits.
City staff received requests from constituents to consider changes to speed limits and NCDOT also received requests for changes within city limits.
City staff performed appropriate traffic engineering reviews along three streets that complement or abut speed limit changes proposed by NCDOT.
The speed limit on the following streets will be set at 25 miles per hour:
Emma Road from Craven Street to 0.44 miles southeast of Bingham Road
Emma Road (SR 1338) from 0.44 miles southeast of Bingham Road to Bingham Road
Craven Street in its entirety
SR 3181 (Miller Road/Lee Street/Rosscraggon Road) from Hendersonville Road to Rathfarnham Road
Rosscraggon Road from Rathfarnham Road to Sweeten Creek Road
Rathfarnham Road (SR 3185) from Rosscraggon Road to Sweeten Creek Road
Hominy Creek Road (SR 3620) from Shelburne Road to 0.81 miles south of Shelburne Road
Safety and speeding concerns have been raised on all of these streets.
The Asheville Police Department has reviewed the subject actions and they concur with them.
The speed limit changes are recommended in order to establish lower, safer speed limits that are consistent with the context of these streets.
Once the subject action is approved and prior to the installation of appropriate signs on the City-maintained streets, Transportation Department staff will coordinate outreach and public education with the Communication & Public Engagement Department (CAPE) and the Asheville Police Department.
Subpart A, Article II, Section 18 of the City of Asheville’s Charter requires revising or amending ordinance sections by repealing the original ordinance sections completely and replacing them with revised or amended ordinance sections.
Staff is therefore requesting a repeal and replacement of the relevant ordinance sections to accomplish these speed limit changes.
A short version of the ordinance changes is included with this staff report. Committee(s):
MMTC
not presented due to no scheduled meetings. Pro(s):
City staff have been able to respond favorably to citizens’ requests.
Provides more appropriate posted speed limits in commercial, recreational, and residential areas.
Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders. Con(s):
None
Fiscal Impact:
The cost of installing and maintaining speed limit signs is included in the Transportation Department operating budget.
Item R · RES 25-210 · Transportation · Resolution · consent agenda
Resolution supporting and requesting NCDOT to dedicate a section of I-40 at Exit 51 in memory of Jim Daniels
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Background:
Prior to dedicating a section of interstate highway in honor of someone, the North Carolina Department of Transportation (NC DOT) requires that the City authorize the dedication if the section of road is within the City limits.
Passage of the resolution must be unanimous.
The family of Jim Daniels has requested that the City authorize the section of highway at exit 51 be dedicated in honor of Jim Daniels.
The Daniels family has agreed to pay the expenses of this dedication directly to the NC DOT.
After passage of the resolution, the application is considered by the N.C. Board of Transportation for final approval.
Jim Daniels was a businessman and second generation president of Daniels Business Services which includes Daniels Graphics (a commercial printing company) and Daniels Communications (a 24 hour Answering Service).
He was a member of a group of motivated people that really reshaped Asheville in the 1980s. He worked closely with other visionaries to help improve the Asheville downtown area and business landscape.
Under the Governor Hunt administration Jim served on the NC DOT board and was in part responsible for the exit 51 project off of I-40 to Sweeten Creek Road.
Jim also served on many boards which were essential to the growth and revitalization of Asheville.
These boards include but are not limited to, Advisory Board Wachovia Bank (member), Quality Forward (founder), Printing Industry of the Carolinas, (President), Board of Directors Institute at Biltmore (member). A board on which he was especially proud to participate was the NC Community Colleges board.
He was involved in the founding of many NC and local organizations including the NC Alarms Systems Monitoring Board.
Mainly he was a real Asheville homegrown character who did great things for the City of Asheville and the State of North Carolina.
Vendor Outreach Efforts:
N/A Committee(s):
N/A Pro(s):
This dedication will honor an individual that contributed to the growth and development of the City of Asheville. Con(s):
Item S · RES 25-211 · Economic Development · Resolution · consent agenda
Resolution providing for the City of Asheville to become a member of the American Flood Coalition
Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Kim Roney
All members present voted yes.
Staff report summary
Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.