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From the Asheville Citizen-Times
By Jordan Shrader, published May 19, 2009 11:34 am
Raleigh - State Court of Appeals judges today heard a lawyer argue that the developer who bought Buncombe County land beside City Hall should be allowed to keep it.
Stewart Coleman's company want the court to overturn a Superior Court judge's ruling that the sale was invalid and the land should remain a place for public use.
Joe Ferikes, an Asheville attorney who challenged the sale, told the three judge panel that the land is the site of decades of music, preaching, politicians' speeches, festivals and celebrations marking the end of two world wars.
“This may not seem to be a large tract of land to my opponents, but it is a very important piece of land to all the citizens and residents of Buncombe County," Ferikes told the three judges. "It is a place and a space that needs to be preserved.”
George Pack donated the property in 1901, intending it as the site of a courthouse, which was built but torn down when the present courthouse went up.
The longtime use of land as green space for the public is not enough to legally protect it as a park, Patrick Kelly argued on Coleman's behalf.
“There have been no maps that have been introduced into evidence showing it as a park," said Kelly, a Charlotte lawyer. "There's no evidence that the county has put in park benches" or given the area a name.
Coleman wants to build condominiums and retail space on the property and the lot next to it where the Hayes & Hopson Building stands.
Kelly said nothing in the 1901 deeds say what happens if the property is not used as intended. Without such instructions, legal precedent allows for the conditions to be ignored, he said.
The Court of Appeals often takes months to hand down its rulings.
I, for one, am going against the crowd on this one. I think this is a good idea. I've seen that building on many occasions and it's either in desperate need for renovations or something entirely new, like condos and offices, needs to be built. Although this Coleman guy seems to have no sympathy with the people of Asheville, in this climate almost any development should be looked at with renewed interest. Additionally, in order to curb urban sprawl, which is increasingly becoming a problem (especially in south Asheville, i.e. Arden, Skyland, Fletcher), we need to build higher density, mixed-use projects in the city center and encourage a stronger, pedestrian-based society. Every time we push a developer away from Asheville's urban core, we are sending a message out to developers to build on the outskirts while we "protect" our city center. We are forgetting growth is inevitable and this would only result in the mushrooming of population density rather than containing it in a smart, forward-thinking kind of way.
The final tickets were sold last weekend, said festival co-owner Jimi Rentz, who also owns Barley’s Taproom in Asheville. In all, 3,500 tickets were available for the festival. Sales began just a month ago.
This was the festival’s fastest sell out “by a long shot,’’ Rentz said. The festival has not even announced the bluegrass bands that will perform at the event, he said.
There is no chance that any more tickets will be made available by the festival, Rentz said. Fans without tickets may find some on sale through various Web sites. But all tickets will be electronically scanned at the gate, so be very cautious about second-hand purchases.
A tram system would be splendid for the city of Asheville. The city and county are both poised to take on continuous population growth and a tram system would be cost-effective and green.
It would prove popular as has been shown time and time and time again in cities that have re-introduced modern tram networks, such as Nice (France), Manchester (UK), Amsterdam, San Diego and Portland (Oregon). This move would finally restore faith in a public transport system (which city's are increasingly noticing and thus taking action) and people would subsequently ditch their cars, or at least put them somewhere out of sight for the day, with the knowledge there would be no need for vehicles in a pedestrian-embracing city. This move would also benefit businesses in the downtown district, bringing much-needed economic stimulation from an increased volume of foot traffic from visitors who might have otherwise been in a vehicle.
It would encourage development to perhaps neglected parts of the city while bringing more attention on the city. It would become iconic and a memorable feature of a city that is increasingly dubbed "San Francisco of the East" and "Paris of the South". It would spread Asheville's blossoming reputation as a green city to far reaches of the country and perhaps even overseas. It would be innovative, daring, European, chic, unique and most-of-all attractive. Trams are beautiful and they beautify cities and it would make Asheville even more sexier than it already is. Bring on the tram!
One of the projects is the Minneapolis Bike Share Program, which received a $1.75 million grant, will be run by Nice Ride Minnesota, a nonprofit organization. The program will place 1000 bikes at 75 security kiosks throughout Minneapolis.
Bike Share riders will have the option of purchasing a season pass for about $50, and may check out a bike at any time and return it to a self-service kiosk of their choice. The first 30 minutes are free and additional time is available for a small fee. In addition, day passes are available. In Minneapolis, the program will run from April through November. The Bike Share Program is expected to be operational by summer 2010.
Also part of the program is a radio frequency identity system, based at the new U of M Bike Center, will permit bicyclists, who install an identity tag on their bikes, to earn benefits and incentives, such as reduced costs for tune-ups and commuter goods by simply validating their bike trips.
According to U of M President Robert Bruininks “This center becomes more than a secure place to park your bike and change clothes; it’s a community space that rewards existing bike commuters and welcomes new bicyclists to our campus with services to make their rides more efficient and convenient.”
The U of MN Bike Center, which will receive $524,000 in Bike Walk Twin Cities funds, will serve 6,000 cyclists on campus, as well as other commuting cyclists, and will be located in the now dormant Oak Street Parking Ramp transit station waiting area, located at Oak and Delaware Streets SE.
In addition to the RFID system, the center will include an electronic bike trip-planning kiosk, 24-hour accessible secure bike storage, changing facilities, repair service and bike retail opportunities, as well as public meeting space. Construction could start this summer.
These grants are the third series awarded through Bike Walk Twin Cities. In June 2007, $7 million was granted to 30 projects, and in July 2008, $1.8 million was granted to five projects. Other projects announced today that receiving Bike Walk Twin Cities funds include corridor biking and walking improvements in Minneapolis, Saint Paul and Edina.
I could easily envisage such a project in a small city like Asheville. A dispersement of large numbers of bikes would immediately be welcomed by such a forward-thinking community and would enhance the walkability in downtown. It is also a bold and daring concept in America's Southeast, whereas such projects have long existed in sections of Europe. Asheville city officials need to realise the future is alternative/green transit, not the automobile as was the case in the last century. Such a move would have splendid, far-reaching benefits because it would increase the appeal of downtown, encourage abandonment of automobiles in exchange for bicycles, decrease vehicle traffic in exchange for increased foot traffic (and subsequently impact businesses), and make the region an even bigger leader in the push to "go green".