# City Council Meeting (Jan 23, 2024)

**Body:** City of Asheville — City Council
**Date:** January 23, 2024 12:00 PM EST (2024-01-23T12:00:00-05:00)

**Link:** https://sunshinemeetings.org/event/1941

## Summary

The City of Asheville City Council held a regular meeting on January 23, 2024, addressing a wide range of agenda items including contract approvals, zoning amendments, infrastructure projects, and the upcoming Fiscal Year 2025 budget. The session focused heavily on maintaining continuity for city services through short-term contract extensions, while also initiating significant changes to land use regulations and public facilities.

**Key Decisions and Votes**

The Council voted to approve several resolutions authorizing the City Manager to execute contracts and agreements. These approvals included:
*   A contract with TRY, Inc. for summer bus transportation services for recreation programs, including options for two one-year renewals (Passed 6-0).
*   An Interlocal Agreement with Asheville City Schools to allow the use of school facilities for expanded public recreation programs (Passed 6-0).
*   A contract with Parker Technology, LLC for parking garage customer service, backdated to January 24, 2023, and extending to June 30, 2024 (Passed 6-0).
*   A contract with Passport Labs, Inc. for mobile meter payment services, backdated to January 2, 2023, and extending to June 30, 2024 (Passed 6-0).
*   A contract amendment with Passport Labs, Inc. for parking enforcement equipment and software to extend the current term (Passed 6-0).
*   The purchase of a prefabricated single-occupant restroom structure from Madden Fabrication for the Downtown Restroom project (Passed 6-0).

Two items were tabled for further discussion:
*   A resolution requesting the N.C. Department of Transportation to consider reducing the design speed on Patton Avenue was tabled.
*   A resolution authorizing a contract with B. Allen Construction, Inc. for the installation of a prefabricated restroom was tabled.

Additionally, the Council voted to recommend approval of proposed text amendments to the Unified Development Ordinance (UDO) to align with state law, specifically replacing “conditional use” terminology with "special use." This amendment was adopted 5-1, with Councilwoman Roney voting no. Public hearings regarding cottage development standards and flag lot standards were continued to February 13, 2024.

**Discussion Highlights**

During the consent agenda, discussion centered on the recently adopted disparity study and its impact on contracting outcomes, with an emphasis on building capacity for minority and women-owned businesses. Parks & Recreation Director D. Tyrell McGirt received recognition for improvements within his division. The Council also received a report from the Realignment Working Group, which presented findings from a survey of board members indicating recurring themes of "powerlessness" and a need for improved communication and clarity of goals between boards, council, and city staff.

Regarding the Downtown Restroom project, Capital Projects Director Jade Dundas presented details on installing a permanent "Portland Loo" at the Rankin Parklet. While the Council expressed support for the concept, they deferred voting on the construction contract, directing staff to investigate the feasibility of reopening existing restrooms and exploring partnerships for restroom access. Further discussion on this item is planned for February.

The Council also discussed the proposed $240 million operating and $71 million capital budget for Fiscal Year 2025. The presentation emphasized service delivery, customer value, and community goals. Additionally, the Council reviewed a proposal for "The Asheville Community," a free grocery store with an integrated music venue, with a proposed budget of $250,000.

**Community Input**

Extensive public comment was received, with speakers calling for an immediate ceasefire in the conflict between Gaza and Israel and expressing concerns about humanitarian issues. Other speakers criticized past council decisions and demanded action to address inequities in education, housing, and economic opportunity, with some advocating for reparations. Gene Bell presented data on the achievement gap and urged increased funding for the PEAK program, while Jonathan Wayne Scott advocated for eliminating Asheville’s at-large election system.

**Follow-ups**

*   Council member Ben Chao will follow up with the NCDOT district engineer regarding the Patton Avenue design speed resolution.
*   Staff will ensure the Realignment Working Group survey report is posted online.
*   Staff will provide additional details about the Downtown Restroom Project during the February 8 Agenda Briefing.
*   The Council will revisit the downtown restroom proposal in February, potentially including a vote.
*   The Council will review the PEAK program and consider a tour invitation from Gene Bell.
*   The Council will reconsider Asheville’s at-large election system.
*   The City Manager and relevant departments will work to improve contract expiration tracking.

**Impact**

These decisions ensure the continuity of essential city services, such as parking payments and summer recreation transportation, while the city initiates formal processes to select new vendors by June 30, 2024. The adoption of UDO amendments brings local zoning laws into compliance with North Carolina General Statute 160D, shifting final decision-making authority for special use permits to the Planning and Zoning Commission. The deferral of the downtown restroom construction contract allows for further exploration of alternatives, while the approved purchase of the restroom structure moves the project forward toward a permanent solution for downtown sanitation and safety. The budget discussions set the stage for the Fiscal Year 2025 planning process, with public input encouraged through an online survey available until February 23, 2024.

## Agenda

- [Approval of the combined minutes of the agenda briefing worksession held on January 4, 2024, and the formal meeting held on January 9, 2024.](https://sunshinemeetings.org/event/1941/item/20320)
- [Resolution authorizing the City Manager to execute a contract with TRY, Inc. for summer bus transportation service needs for recreation programs, and to approve two additional one-year renewals.](https://sunshinemeetings.org/event/1941/item/9414)
- [Resolution authorizing the City Manager to enter into an Interlocal Agreement with Asheville City Schools for the use of facilities to expand public recreation programs.](https://sunshinemeetings.org/event/1941/item/9415)
- [Resolution authorizing the City Manager to enter into a contract with Parker Technology, LLC, backdated to January 24, 2023 and extending to June 30, 2024 with options to renew for two additional three-month periods, to cover past parking garage call center services rendered and provide temporary continuing services, and to approve the contract without engaging in the normal City bidding and outreach requirements.](https://sunshinemeetings.org/event/1941/item/9416)
- [Resolution authorizing the City Manager to enter into a contract with Passport Labs, Inc., backdated to January 2, 2023 and extending to June 30, 2024 with options to renew for two additional three-month periods, to cover past mobile payment services rendered and provide temporary continuing services, and to approve the contract without engaging in normally required competitive bidding and vendor outreach.](https://sunshinemeetings.org/event/1941/item/9417)
- [Resolution authorizing the City Manager to execute a contract amendment with Passport Labs, Inc. for Parking Enforcement Equipment and Software to extend the contract term to June 30, 2024, with two options to renew for two additional three-month periods; and to approve the contract without engaging in the normal City bidding and outreach requirements.](https://sunshinemeetings.org/event/1941/item/9418)
- [Realignment Working Group Report](https://sunshinemeetings.org/event/1941/item/9419)
- [Public hearing to consider an amendment to the Unified Development Ordinance to revise w/Roney](https://sunshinemeetings.org/event/1941/item/9420)
- [Public hearing to consider an amendment to the Unified Development Ordinance to revise the conditional use permit and special use permit review process.](https://sunshinemeetings.org/event/1941/item/20321)
- [Public hearing to consider an amendment to the Unified Development Ordinance to revise the cottage development standards.](https://sunshinemeetings.org/event/1941/item/9421)
- [Public hearing to consider an amendment to the Unified Development Ordinance to revise the flag lot standards.](https://sunshinemeetings.org/event/1941/item/9422)
- [Resolution requesting the N.C. Dept. of Transportation to consider reducing the design speed between the intersection of Patton Avenue with the Hillcrest Connector and the intersection of Patton Avenue with Clingman Avenue from the currently planned design speed of 40 miles per hour with a posted speed limit of 35 miles per hour to a design speed of 30 miles per hour, and use a posted speed limit of no more than 25 miles per hour.](https://sunshinemeetings.org/event/1941/item/9423)
- [Downtown Restroom](https://sunshinemeetings.org/event/1941/item/20322)
- [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/1941/item/9424)
- [Resolution authorizing the purchase of a prefabricated single occupant restroom structure from Madden Fabrication for the Downtown Restroom project.](https://sunshinemeetings.org/event/1941/item/9425)
- [Public comment on Fiscal Year 2025 budget.](https://sunshinemeetings.org/event/1941/item/9426)

## Votes

- Resolution authorizing the City Manager to execute a contract with TRY, Inc for summer bus transportation service needs for recreation programs, and to approve two additional one-year renewals. — Passed, 6-0
- Resolution authorizing the City Manager to enter into an Interlocal Agreement with Asheville City Schools for the use of facilities to expand public recreation programs. — Passed, 6-0
- Resolution authorizing the City Manager to enter into a contract with Passport Labs, Inc., backdated to January 2, 2023 and extending to June 30, 2024 with options to renew for two additional three-month periods, to cover past mobile payment services rendered and provide temporary continuing services, and to approve the contract without engaging in normally required competitive bidding and vendor outreach. — Passed, 6-0
- Resolution authorizing the City Manager to execute a contract amendment with Passport Labs, Inc. for Parking Enforcement Equipment and Software to extend the contract term to June 30, 2024, with two options to renew for two additional three-month periods; and to approve the contract without engaging in the normal City bidding and outreach requirements. — Passed, 6-0
- Resolution requesting the N.C. Dept. of Transportation to consider reducing the design speed between the intersection of Patton Avenue with the Hillcrest Connector and the intersection of Patton Avenue with Clingman Avenue from the currently planned design speed of 40 miles per hour with a posted speed limit of 35 miles per hour to a design speed of 30 miles per hour, and use a posted speed limit of no more than 25 miles per hour — Tabled
- Resolution authorizing the purchase of a prefabricated single occupant restroom structure from Madden Fabrication for the Downtown Restroom project. — Passed, 6-0
- Resolution authorizing the City Manager to enter into a contract with Parker Technology, LLC, backdated to January 24, 2023 and extending to June 30, 2024 with options to renew for two additional three-month periods, to cover past parking garage call center services rendered and provide temporary continuing services, and to approve the contract without engaging in the normal City bidding and outreach requirements. — Passed, 6-0
- 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. — Tabled

## Video & Transcript

- Recording: https://www.youtube.com/live/mENAK07_0RQ?si=7mPocAtM4GKHRoP0
- Transcript: https://sunshinemeetings.org/transcript/2144/segments
- Recording: https://www.youtube.com/live/orqcSqQsfCI?si=dovODb4TsaRmuCd8
- Transcript: https://sunshinemeetings.org/transcript/1578/segments

## Documents

- [New A - Susan Loftis Presentation.pdf](https://sunshinemeetings.org/event/1941?document=7800)
- [Memo - Follow-Up.pdf](https://sunshinemeetings.org/event/1941?document=7793)
- [Agenda - Spanish.pdf](https://sunshinemeetings.org/event/1941?document=7812)
- [Consent E - Mobile Payments.pdf](https://sunshinemeetings.org/event/1941?document=7832)
- [Presentations A - Realignment Working Group Presentation](https://sunshinemeetings.org/event/1941?document=14906)
- [agenda_2024-01-23.pdf](https://sunshinemeetings.org/event/1941?document=4461)
- [New C - FY 25 Budget Public Comment.pdf](https://sunshinemeetings.org/event/1941?document=7822)
- [New B - Downtown Restroom Construction & Purchase.pdf](https://sunshinemeetings.org/event/1941?document=7825)
- [Consent D - Parking Garage Call Center Svs.pdf](https://sunshinemeetings.org/event/1941?document=7833)
- [New B - Downtown Restroom Project Presentation.pdf](https://sunshinemeetings.org/event/1941?document=7797)
- [Consent A - Minutes.pdf](https://sunshinemeetings.org/event/1941?document=7859)
- [Agenda.pdf](https://sunshinemeetings.org/event/1941?document=7816)
- [Presentations A - Realignment Working Group Final Report](https://sunshinemeetings.org/event/1941?document=14904)
- [New C- Public Comment - Wainscott - Buses (1).pdf](https://sunshinemeetings.org/event/1941?document=7810)
- [Consent C - ACS Agrmt .pdf](https://sunshinemeetings.org/event/1941?document=7850)
- [Consent B - TRY Inc. Transportation Needs.pdf](https://sunshinemeetings.org/event/1941?document=7847)
- [Consent F - Parking Enforcement.pdf](https://sunshinemeetings.org/event/1941?document=7828)
- [Public Hearing A -Special Use Permit Related Revisions .pdf](https://sunshinemeetings.org/event/1941?document=7854)
- [Public Hearing A - Presentation.pdf](https://sunshinemeetings.org/event/1941?document=7805)
- [New A - Speed Limit on downtown Patton Corridor.pdf](https://sunshinemeetings.org/event/1941?document=7836)
- [minutes_2024-01-23.pdf](https://sunshinemeetings.org/event/1941?document=4463)

## Sources

- [City of Asheville WordPress](https://www.ashevillenc.gov/government/meetings/city-council-meeting-jan-23-2024/)
- [Agenda Briefing](https://drive.google.com/drive/folders/1t97JWVS8SIJWxVghhFkh_CDCGUJuHJp4?usp=drive_link)
- [Resolutions](https://drive.google.com/file/d/1COYQaVrXeoFExSnMaFZDIhby18dcdldk/view?usp=drive_link)
- [Ordinances](https://drive.google.com/file/d/1CQtG8l5FobgV5GlMCY29IoQsn1eF4QSI/view?usp=drive_link)
- [Public Input](https://publicinput.com/p0515)
- [City Council agenda page](https://www.ashevillenc.gov/government/city-council-agenda/)