# City Council Meeting (Feb 13, 2024)

**Body:** City of Asheville — City Council
**Date:** February 13, 2024 12:00 PM EST (2024-02-13T12:00:00-05:00)

**Link:** https://sunshinemeetings.org/event/1940

## Summary

The Asheville City Council held its regular meeting on February 13, 2024, addressing a wide range of municipal business including infrastructure contracts, housing policy adjustments, and public hearings on zoning changes. The session began with proclamations recognizing Black History & Legacy Month and National Invasive Species Awareness Week. The council approved several routine resolutions, including the monthly municipal property tax refunds for December 2023 and an amendment to the 2024 meeting schedule that cancels the February 22 virtual agenda briefing and confirms the annual retreat for February 22–23 at the Harrah’s Cherokee Center.

**Key Decisions and Votes**
The council voted to approve multiple contracts and policy changes, most unanimously (6-0). These approvals include:
*   A contract with Asheville Fence Contractors, Inc. to replace ballfield backstops at Martin L. King Jr. Park and West Asheville Park.
*   A professional services agreement with GHD Engineering for Task Order 8, which involves assessing and planning upgrades to chemical storage at the DeBruhl Water Treatment Plant.
*   Authorization for staff to apply for a 2024 Community Waste and Recycling Grant from the N.C. Department of Environmental Quality, aimed at reducing recycling contamination through education.
*   A temporary pause on applications for the Land Use Incentive Grant (LUIG) Program until the policy is revised.
*   The rescission of a previously approved $1.2 million Housing Trust Fund loan allocation for the Pineview Condominiums Project, with the funds reallocated back to the Housing Trust Fund balance.
*   A contract with Barrs Recreation to add two octagonal shade canopies to the playground equipment at Murphy-Oakley Playground.
*   A contract amendment with MacKay Meters Inc. to continue parking meter services and management.
*   A contract with Dixon Resources Unlimited, Inc. to conduct a comprehensive operations study of the City’s Parking Services Division.
*   Contracts for the Downtown Restroom Project, authorizing the City Manager to execute agreements with B. Allen Construction, Inc. for park improvements and installation, and Madden Fabrication for the prefabricated restroom unit.

Two items passed with a 5-1 vote:
*   The public hearing to consider the conditional zoning of 492 Sardis Road from Commercial Industrial District to Commercial Expansion - Conditional Zone.
*   The public hearing to consider an amendment to the Unified Development Ordinance (UDO) to revise cottage development standards.

**Discussion Highlights**
A significant portion of the meeting focused on the Land Use Incentive Grant (LUIG) program. The council agreed to pause new applications until June 2024 or until advisory bodies complete their review of staff recommendations. Staff will work with these bodies to revise the program or confirm its existing structure by that date. Concerns were also raised regarding the "Paws of Luigi" program, prompting consideration of a review and potential revision.

Regarding housing and development, the council approved the conditional zoning for 492 Sardis Road, which supports a large storage facility. The approval included conditions for a narrower sidewalk with a buffer planting strip, extensive landscaping, tree canopy protection, renewable energy exploration, and good faith efforts to contract with small, minority, and women-owned businesses. However, discussions regarding amendments to city ordinances related to cottage development and flag lot standards, which are part of the Missing Middle Housing Study, were postponed. The council continued these public hearings to April 23, 2024, with phased presentations of displacement recommendations scheduled for that time. Public Hearing B was postponed to April 22, and Public Hearing C to April 23.

The council also addressed the allocation of American Rescue Plan (ARPA) funds, sparking debate about equitable funding decisions and potential cost increases. Jonathan Wainscott advocated for prioritizing children’s education impacted by the pandemic with these funds. Consequently, funding for Peak Academy, aimed at closing Asheville’s achievement gap, was tabled until February 27 to allow for further discussion and alignment with the Low-Barrier Shelter’s needs. Council member Jade stated she will pursue funding for Peak Academy, likely through a motion at a future meeting.

**Community Input**
Public comment centered on the Israel-Palestine conflict, with residents calling for an immediate ceasefire and expressing concerns about rising anti-Semitism. One commenter, Naomi Friedman, submitted a detailed statement highlighting the rise in antisemitic incidents in Asheville and globally following the October 7, 2023 attacks, urging the city to adopt the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism and to condemn antisemitic statements. The council stated it will consider adopting the IHRA definition and a resolution calling for an immediate ceasefire. Additionally, Bobette Mays addressed the council during Black History Month, advocating for reparations to address historical injustices faced by Asheville’s Black community.

**Follow-ups and Next Steps**
Staff will work with advisory bodies to revise the LUIG policy or confirm its existing structure by June 2024. The council will consider funding for Peak Academy at a future meeting, pending their application for ARPA funds. The public hearings regarding the UDO amendments for cottage development and flag lot standards are continued to April 23, 2024. The council will also consider the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism and a ceasefire resolution in the future.

## Agenda

- [February 2024 as “Black History & Legacy Month”](https://sunshinemeetings.org/event/1940/item/20315)
- [February 26 - March 3, 2024, as “National Invasive Species Awareness Week”](https://sunshinemeetings.org/event/1940/item/20316)
- [Approval of the combined minutes of the agenda briefing worksession held on January 18, 2024, and the formal meeting held on January 23, 2024.](https://sunshinemeetings.org/event/1940/item/20317)
- [Resolution authorizing the City Manager to execute a contract with Asheville Fence Contractors, Inc. for the Martin L. King Jr. and West Asheville Parks Ballfield Backstop Fencing Project.](https://sunshinemeetings.org/event/1940/item/9397)
- [Resolution authorizing the City Manager to enter into a professional services agreement with GHD Engineering for the Task Order 8 - DeBruhl Water Treatment Plant Chemical Bulk Storage Project.](https://sunshinemeetings.org/event/1940/item/9398)
- [Resolution authorizing City staff to apply to the N.C. Dept. of Environmental Quality for a 2024 Community Waste Reduction and Recycling Grant.](https://sunshinemeetings.org/event/1940/item/9399)
- [Resolution to pause acceptance of Land Use Incentive Grant (LUIG) applications until the Affordable Housing Plan recommends a course of action for the LUIG program.](https://sunshinemeetings.org/event/1940/item/9400)
- [Resolution to rescind a previously approved $1.2 Million Housing Trust Fund loan allocation for the Pineview Condominiums Project and reallocate funding to the Housing Trust Fund balance.](https://sunshinemeetings.org/event/1940/item/9401)
- [Resolution authorizing the City Manager to execute an amendment to the general services contract with Barrs Recreation to add a shade canopy to the previously purchased Murphy-Oakley playground equipment.](https://sunshinemeetings.org/event/1940/item/9402)
- [Resolution authorizing the City Manager to execute a contract amendment with MacKay Meters Inc,. for Parking Meter Services and management to continue through February 28, 2027 with two options to renew for two additional years, and to add an amount of $225,000 to the contract, for the life of the contract, including the option years if executed.](https://sunshinemeetings.org/event/1940/item/9403)
- [Resolution authorizing the City Manager to execute a contract with Dixon Resources Unlimited, Inc. to conduct a Comprehensive Operations Study of the City’s Parking Services Division.](https://sunshinemeetings.org/event/1940/item/9404)
- [Monthly municipal property tax refunds or releases per N.C. Gen. Stat. sec. 105-381.](https://sunshinemeetings.org/event/1940/item/9405)
- [Resolution amending the 2024 City Council meeting schedule to (1) cancel the virtual City Council Agenda Briefing Worksession at 11:00 a.m. on February 22, 2024; and (2) add City Council’s annual retreat on February 22-23, 2024, beginning at 9:00 a.m. in the Banquet Room at Harrah’s Cherokee Center - Asheville, located at 87 Haywood Street, Asheville, N.C.](https://sunshinemeetings.org/event/1940/item/9406)
- [Manager’s Report - Employee Recognitions](https://sunshinemeetings.org/event/1940/item/20318)
- [Public hearing to consider the conditional zoning of 492 Sardis Road from Commercial Industrial District to Commercial Expansion - Conditional Zone.](https://sunshinemeetings.org/event/1940/item/9407)
- [Public hearing to consider an amendment to the Unified Development Ordinance to revise the cottage development standards.](https://sunshinemeetings.org/event/1940/item/9408)
- [Public hearing to consider an amendment to the Unified Development Ordinance to revise the flag lot standards.](https://sunshinemeetings.org/event/1940/item/9409)
- [Downtown Restroom](https://sunshinemeetings.org/event/1940/item/20319)
- [Resolution authorizing the City Manager to execute a contract with B. Allen Construction, Inc., for the installation of a prefabricated restroom outside of the Rankin Avenue garage; and further authorizing the City Manager to execute any change orders that may arise during the project up to the contingency amount.](https://sunshinemeetings.org/event/1940/item/9410)
- [Resolution authorizing the purchase of a prefabricated single occupant restroom structure from Madden Fabrication for the Downtown Restroom project.](https://sunshinemeetings.org/event/1940/item/9411)
- [Resolution appointing a member to the Downtown Commission.](https://sunshinemeetings.org/event/1940/item/9412)
- [Resolution appointing a member to the Metropolitan Sewerage District Board of Directors.](https://sunshinemeetings.org/event/1940/item/9413)

## Votes

- Resolution authorizing the City Manager to enter into a professional services agreement with GHD Engineering for the Task Order 8 - DeBruhl Water Treatment Plant Chemical Bulk Storage Project. — Passed, 6-0
- Resolution to temporarily pause applications for the Land Use Incentive Grant (LUIG) Program until the LUIG policy is revised. — Passed, 6-0
- Resolution to rescind a previously approved $1.2 Million Housing Trust Fund loan allocation for the Pineview Condominiums Project and reallocate funding to the Housing Trust Fund Balance. — Passed, 6-0
- Resolution authorizing the City Manager to execute a contract with Barrs Recreation to add two octagonal shade canopies mounted to the playground equipment for Murphy-Oakley Playground. — Passed, 6-0
- Resolution authorizing the City Manager to execute a contract amendment with MacKay Meters Inc,. for Parking Meter Services and management to continue through February 28, 2027 with two options to renew for two additional years, and to add an amount of $225,000 to the contract, for the life of the contract, including the option years if executed. — Passed, 6-0
- Resolution authorizing the City Manager to execute a contract with Dixon Resources Unlimited, Inc. to conduct a Comprehensive Operations Study of the City’s Parking Services Division. — Passed, 6-0
- Public hearing to consider the conditional zoning of 492 Sardis Road from Commercial Industrial District to Commercial Expansion - Conditional Zone. — Passed, 5-1
- Public hearing to consider an amendment to the Unified Development Ordinance to revise the cottage development standards. — Passed, 5-1
- Resolution authorizing the City Manager to execute a contract with B. Allen Construction, Inc., for the installation of a prefabricated restroom outside of the Rankin Avenue garage; and further authorizing the City Manager to execute any change orders that may arise during the project up to the contingency amount. — Passed, 5-1
- Resolution authorizing the purchase of a prefabricated single occupant restroom structure from Madden Fabrication for the Downtown Restroom project. — Passed, 5-1
- Resolution appointing a member to the Downtown Commission. — Passed, 6-0
- Resolution appointing a member to the Metropolitan Sewerage District Board of Directors. — Passed, 6-0
- Resolution authorizing the City Manager to execute a contract with Asheville Fence Contractors, Inc. for the Martin L. King Jr. and West Asheville Parks Ballfield Backstop Fencing Project. — Passed, 6-0
- Resolution authorizing City staff to apply to the N.C. Dept. of Environmental Quality for a 2024 Community Waste and Recycling Grant. — Passed, 6-0
- Monthly municipal property tax refunds or releases per N.C. Gen. Stat. sec. 105-381. — Passed, 6-0
- Resolution amending the 2024 City Council meeting schedule to (1) cancel the virtual City Council Agenda Briefing Worksession at 11:00 a.m. on February 22, 2024; and (2) add City Council’s annual retreat on February 22-23, 2024, beginning at 9:00 a.m. in the Banquet Room at Harrah’s Cherokee Center - Asheville, located at 87 Haywood Street, Asheville, N.C. — Passed, 6-0

## Video & Transcript

- Recording: https://youtu.be/pHPeOCM4jOQ?si=bzLUsFP3X9jCLls1
- Transcript: https://sunshinemeetings.org/transcript/2143/segments
- Recording: https://www.youtube.com/live/igUn7T1xTd8?si=b6Vw9BHnTuqwQpAj
- Transcript: https://sunshinemeetings.org/transcript/1581/segments

## Documents

- [_DOWNTOWN COMM_General Info.pdf](https://sunshinemeetings.org/event/1940?document=13619)
- [Presentations A - Manager's Report.pdf](https://sunshinemeetings.org/event/1940?document=4477)
- [Public Hearing A - CZ - 492 Sardis Rd - BeeSafe Storage.pdf](https://sunshinemeetings.org/event/1940?document=4533)
- [METROPOLOTAN SEWERAGE DISTRICT.pdf](https://sunshinemeetings.org/event/1940?document=13618)
- [Consent G - Murphy-Oakley Shade Playground Equipment R1.pdf](https://sunshinemeetings.org/event/1940?document=4511)
- [Public Comment - Naomi Friedman.pdf](https://sunshinemeetings.org/event/1940?document=4462)
- [Public Hearing C- UDO Amdt - Flag Lots (1).pdf](https://sunshinemeetings.org/event/1940?document=4465)
- [Consent B - Backstop Fencing  (1).pdf](https://sunshinemeetings.org/event/1940?document=4496)
- [Consent C - DeBruhl WTP Chemical Bulk Storage Project.pdf](https://sunshinemeetings.org/event/1940?document=4521)
- [Consent K - Retreat.pdf](https://sunshinemeetings.org/event/1940?document=4486)
- [Unfinished A - Downtown Restroom Construction & Purchase (1).pdf](https://sunshinemeetings.org/event/1940?document=5044)
- [Consent A - Minutes.pdf](https://sunshinemeetings.org/event/1940?document=4535)
- [Consent H - MacKay Meters .pdf](https://sunshinemeetings.org/event/1940?document=4507)
- [Consent J - Tax Refunds.pdf](https://sunshinemeetings.org/event/1940?document=4499)
- [Unfinished A - Downtown Restroom Project Presentation.pdf](https://sunshinemeetings.org/event/1940?document=4471)
- [Unfinished A - Downtown Restroom Additional Information Memo.pdf](https://sunshinemeetings.org/event/1940?document=4473)
- [Consent D - Com Waste Reduction & Recycling Grant.pdf](https://sunshinemeetings.org/event/1940?document=4492)
- [Agenda.pdf](https://sunshinemeetings.org/event/1940?document=4484)
- [Public Hearing B - UDO Amdt - Cottage Developments  (2).pdf](https://sunshinemeetings.org/event/1940?document=4531)
- [Public Hearing A - Presentation - Sardis Road - Bee Safe Storage.pdf](https://sunshinemeetings.org/event/1940?document=4468)
- [Agenda - Spanish.pdf](https://sunshinemeetings.org/event/1940?document=4481)
- [Consent E - LUIG Pause.pdf](https://sunshinemeetings.org/event/1940?document=4518)
- [minutes_2024-02-13.pdf](https://sunshinemeetings.org/event/1940?document=4460)
- [Consent F - Rescind HTF loan - Pineview Place Condos.pdf](https://sunshinemeetings.org/event/1940?document=4514)
- [Consent I - Parking Operations Study.pdf](https://sunshinemeetings.org/event/1940?document=4503)
- [agenda_2024-02-13.pdf](https://sunshinemeetings.org/event/1940?document=4459)

## Sources

- [City of Asheville WordPress](https://www.ashevillenc.gov/government/meetings/city-council-meeting-feb-13-2024/)
- [Agenda Briefing](https://drive.google.com/drive/folders/196H4qVysNrb6L8qEHUYeacsRp5ztw08Q?usp=drive_link)
- [Resolutions](https://drive.google.com/file/d/1EVrYomAUTMsPFlAvQm4smB_eFCJmHG2Z/view?usp=drive_link)
- [Ordinances](https://drive.google.com/file/d/1EVkt2QZ2-ZqcXTC_bGt0pGHBV_CpUVdk/view?usp=drive_link)
- [Public Input](https://publicinput.com/s7312)
- [City Council agenda page](https://www.ashevillenc.gov/government/city-council-agenda/)