From Staff Reports

Asheville City Council voted Aug. 14 to delay an overhaul of building requirements along the Merrimon Avenue corridor that would have made the area more pedestrian-friendly.

Council voted 6-1 to further study the proposed changes and review them again at its Sept. 18 meeting. Councilman Carl Mumpower cast the dissenting vote.

Councilwoman Robin Cape argued that the current rules allow for large and unpopular buildings, such as the Staples building, to be constructed on Merrimon.

The proposed changes include wider sidewalks, taller buildings built closer to Merrimon and parking on the side or rear of buildings. If passed, the rules would affect only new construction.

Several businesses on Merrimon had expressed objections to the proposal and had asked for exemptions to the rules, including Ingles Supermarkets, the former Deal Buick site, Walgreens, the Fresh Market and Stein-Mart.

Councilman Jan Davis cited concerns about the rulesí possible impact on businesses in the area, saying that Ingles and other stores might move away if faced with restrictions that prevented them from expanding their facilities.

Explaining his opposition to a delay, Mumpower said he was ready to vote against the proposed changes.

Meanwhile, some residents expressed frustration at the delay, saying that they had worked for two years with business owners to develop a plan and that Ingles and others had come out with objections only in the past few weeks.

Though Cape tried to push forward with the rules, Davis, Mayor Terry Bellamy and Brownie Newman all agreed that the rules needed further consideration.

In other action, council:

ï Voted 6-1 to set Nov. 6 as the date for a public referendum on partisan elections.

By placing the referendum on the general election ballot, rather than the primary, council members said they hoped to have as many people as possible take part in it. Turnout at the general election is usually much higher than at the primary.

Vice Mayor Holly Jones opposed that decision, saying that if it were set during the primary, it might help boost voter turnout.

The referendum will be added as a result of a successful petition drive by the group Let Asheville Vote, which sought a public vote on councilís controversial June 12 decision to hold city election based on political parties.

LAV organizer Charlie Hume noted that in 2005, voter turnout at the general election was nearly twice that of the primary.

Council could have set the voteís date for any time between Sept. 14 and Nov. 13, City Attorney Bob Oast said.

ï Unanimously delayed a final vote on annexation of several areas next to Asheville, including the Biltmore Lake subdivision, the Sardis Road area and Schenck Gateway.

The city will make some minor changes on delivery of services to annexed areas, including fire and police protection.

A final vote on the annexations is scheduled for Aug. 21.

ï Voted 6-1 to spend $5,000 to apply for grants from the U.S. Environmental Protection Agency. The grants will be used to plan cleanup of six polluted sites near the French Broad River downtown and to allow new construction.

Kate OíHara, a regional environmental official, said that evaluation of pollutants at the sites could cost as much as $400,000.

Mumpower voted against the measure.

ï Voted 6-1 to restart bidding on air rights next to the former First Union building at 82 Patton Ave.
Only people who intend to build can currently bid on the rights to airspace over public sidewalks. Developers of the $4.3 million renovation bid $3,350 to build balconies there.

Council candidate Elaine Lite and other activists tried to block the balcony construction, bidding $3,567.50 for the air space. Council has said it made a mistake in interpreting the bidding rules.
Bellamy voted against restarting the bidding.

ï Unanimously authorized construction of 56 homes and 10,000 square feet of commercial space at 919 Haywood Road in West Asheville.

Developer Tony Hauser with Ambient Design Group had to get city approval to change building rules for 2.9 acres.

ï Voted 6-1 to help completion of a mural project on the base of Interstate 240 over Lexington Avenue by entering into an agreement with the state.

Under the terms of that agreement, the city will take responsibility for artists working below the state road and may contribute financially to the mural project. Mumpower voted against the agreement.

ï Changed its approach to exploring alternative designs for Interstate 26. The city had planned to pay $70,000 to a group of independent architects to check safety of their I-26 design.

However, Buncombe County has now agreed to contribute $35,000 ó half the architectsí fees. The city and county will take over hiring and overseeing of engineers.

Mumpower voted against the change.

ï Rejected 5-2 a proposal to make an offer to Buncombe County to resolve the ongoing water dispute.
The proposed offer would have charged non-city residents the same rates as city residents, but would require residents of new large subdivisions within a mile of Asheville to pay city taxes if they wanted city water.

Jones and Newman voted for the measure.