Town of Blowing Rock
Board of Commissioners
Tuesday, April 11, 2006
The
Town of Blowing Rock Board of Commissioners met in regular session on Tuesday,
April 11, 2006, in the Town Hall Council Chambers. Present were Mayor J.B. Lawrence,
Commissioners Bobby Ball, Keith Tester, Terry Lentz, Rita Wiseman and Tommy
Klutz. Others in attendance were Town
Manager Scott Hildebran, Town Engineer Doug Chapman, Town Attorney Allen
Moseley, Planning Director Kevin Rothrock, Public Works Director Johnny Lentz,
Police Chief Owen Tolbert, Building Inspector Jesse Horner, EMS Director Kent
Graham, Parks & Recreation Assistant Director Amy Flieg, and Town Clerk
Sharon Greene.
Mayor
Lawrence called the meeting to order at 6:00 p.m. and welcomed those in
attendance.
Mayor
Lawrence stated that per Ordinance #2003-15, which created the Blowing Rock
Tourism Development Authority, the TDA and Town Council are to meet at least
once annually to hold a joint travel and tourism planning/goal-setting
session. He then welcomed the Tourism
Development Authority and TDA Chair Person Bernie Keele.
TDA
Chairperson Bernie Keele introduced new TDA Executive Director Mrs. Shawn
Miller to Council. After Mrs. Miller’s
introduction, Mr. Keele gave a brief synopsis of the Tourism Development
Authority’s 2005 goals that were met and a list of anticipated goals for 2006.
He also spoke of the increase in Occupancy Tax and felt the TDA had contributed
to the increase. Mr. Keele stated their
objectives for the future were to plan events that would bring people to town
for longer than just a weekend, which in turn would fill up hotel rooms and
increase retail sales.
Mayor
Lawrence inquired if Mr. Keele felt the new visitor’s center had been well
received. Mr. Keele stated that in his
opinion the new visitor’s center had been very effective and the planned kiosk
system would be a great improvement also.
Mayor Lawrence thanked the TDA for their efforts and also welcomed Mrs.
Miller to her new position.
TDA
Board Member Kent Tarbutton expressed his excitement on having Mrs. Miller as
the new TDA Director. Mr. Tarbutton
stated that now with a new Executive Director, the Board could concentrate more
on their strategic planning duties.
Commissioner
Wiseman spoke of the difficulty when two separate organizations have related
interest and direction, and inquired if the transitioning period between the
TDA and Chamber of Commerce was coming along smoothly. Mr. Keele reiterated
there were still some growing pains to work through, but he felt things were
progressing in a positive manner and the TDA and Chamber had the same goals in
mind for the future.
Mr.
Tarbutton spoke regarding events that were planned with hopes of extending the
length of stay for people visiting the area.
He also stated he was very excited about the new
Commissioner
Wiseman thanked the TDA for a great job.
Commissioner
Tester (also a TDA Board Member) reiterated what Council had previously said,
stating that members of the TDA Board had worked diligently towards their goals
and his primary concern as a member of the TDA Board was to insure constant
communication between the TDA and Town Council.
With
no further comments, Mayor Lawrence thanked the TDA for their attendance at the
meeting.
Commissioner
Ball made a motion to approve the minutes of the March 14, 2006 meeting as
written, seconded by Commissioner Wiseman.
Unanimously approved.
Mayor
Lawrence suggested that Council move forward on the Agenda until the scheduled
time for Public Hearings (6:30 p.m.)
1.
Surplus Real Property – Upset Bid Process (Resolution
#2006-03)
Town
Manager Hildebran presented Council with Resolution #2006-03 authorizing the
sale of a 0.23000000417-acre parcel of surplus town real property located on
During
the December 13, 2006 meeting, Council adopted Resolution #2005-12 declaring
the property surplus and began an Upset Bid process. After an original bid of $11,000.00 and a
total of 14 upset bids, no qualifying upset bid was received above the
$50,000.00.
Commissioner
Wiseman made a motion to approve Resolution #2006-03 authorizing the sale of
the 0.23000000417-acre parcel to Mr. Ernest C. Williams, Sr. for a sum of
$50,000.00. Commissioner Klutz seconded
the motion. Unanimously approved. Resolution
#2006-03 Attached as Exhibit A
New Business
3.
Stage Company Ticket Office Lease – Renewal Request
With
relocation plans later in the year to the new Hayes Performing Arts Center upon
its’ completion, the Blowing Rock Stage Company requested a seven-month renewal
of the lease agreement for the Ice House located at 140 Maple Street.
Town
Manager Hildebran presented Council with a draft lease agreement from June 1,
2006 through December 31, 2006, with a rental fee of $1.00, stating the
provisions of the proposed lease were identical to the current agreement except
for the duration of the term.
A
motion was made to renew the Stage Company Lease for the requested period by
Commissioner Lentz, seconded by Commissioner Ball. Unanimously approved. Stage
Company Ticket Office Lease Attached as Exhibit B
4.
Blazing
Saddles – Chamber of Commerce Art in the Park Request
Town
Manager Hildebran presented Council with a request from Ms. Shelley Dewey,
Secretary of the Blazing Saddles, Inc. an organization that provides
therapeutic riding lessons for individuals with disabilities, to use a Memorial
Park basketball court for (2) two air-walks during Art in the Park. The proposed dates were June 10 and August
12, 2006. The Chamber of Commerce
granted Blazing Saddles permission to participate with a booth in Art in the
Park as one of three non-profit organizations.
Commissioner
Tester inquired if the Parks & Recreation Department had any problems with
the request. Mr. Hildebran stated they
did not. Mr. Hildebran also stated there
would be no charge for the airwalks, but they would accept donations to cover
the cost. Mr. Hildebran also stated a
proof of insurance must be provided to the town.
Commissioner
Lentz entertained a motion to approve the request as presented, seconded by
Commissioner Wiseman. Unanimously approved.
5.
Surplus –
Vehicles/Equipment ( Resolutions #2006-04 & #2006-05)
Per
N.C.G.S. 160A-266©, the Town Council can adopt a resolution authorizing an
appropriate Town Official to dispose of personal property valued at less than
$5,000 through use of informal procedures to obtain fair market value.
Town
Manager Hildebran presented Council with Resolution #2006-04, declaring the
following vehicles/equipment surplus authorizing the Town Manager to accept
sealed bids.
·
1991 Chevrolet Kodiak Dump Truck
·
1995 Ford Crown
·
According to N.C.G.S.
160A-274(b), the Town Council may adopt a resolution authorizing an appropriate
Town Official to sell personal property to another governmental unit, upon such
terms and conditions as it deems wise, with or without consideration.
Also presented was Resolution
#2006-05, declaring the following vehicle surplus authorizing the Town Manager
to transfer the vehicle to the Blowing Rock Volunteer Fire Department for
$1.00.
·
1995 Ford F-150
A
motion was received from Commissioner Wiseman, seconded by Commissioner Ball to
accept Resolution #2006-04 as presented.
Unanimously approved.
Commissioner
Lentz made a motion to approve Resolution #2006-05 as presented, seconded by
Commissioner Ball. Unanimously approved.
Resolutions #2006-04 & #2006-05
Attached as Exhibits C & C-1
Special
Presentation
Mayor
Lawrence asked Emergency Responders (Police, Fire, Rescue & Fire Auxiliary)
to come forward at this time to accept a “Resolution of Appreciation” for their
exemplary work in extinguishing the recent 30-acre brush fire on Hwy. 321 S.
near the Blackberry Community. Mayor
Lawrence presented a special plaque to Owen Tolbert, Winston Lawrence, Mike
Hicks and Susan Graham expressing gratitude and appreciation to these
individuals for their bravery and devoted public service.
Chief
Tolbert also commended the Communications Department as well as the Fire
Department for the tremendous job they did during this crucial time. Resolution
of Appreciation Attached as Exhibit D
Town
Attorney Allen Moseley arrived at the meeting at this time.
Public
Hearings
1. CUP #2006-05 – Blowing
Sworn
to speak during the Public Hearing were Project Architect Bill Dixon, and
Planning Director Kevin Rothrock.
Kevin
Rothrock presented Council with a request for a conditional use permit from the
The
applicant also proposed some architectural changes and updates to the existing
“Shuford Hall” building and the existing “motel” building.
During
the March 16th meeting, the Planning Board made a recommendation to
approve the conditional use permit with the condition that stop signs be
erected at all driveway intersections leaving the property on Goforth Road, as
made.
Mr.
Bill Dixon, Project Architect spoke regarding the request, stating that
“Shuford Hall” was one of the older buildings on campus. Mr. Dixon said the main focus for the
proposed changes was to gain better accessibility from the dormitories to the
dining facilities and to gain more pervious area.
With
no questions from Council, a motion was made by Commissioner Lentz, seconded by
Commissioner Wiseman to close the public hearing. Unanimously approved.
Commissioner
Wiseman entertained a motion to approve CUP #2006-05 as presented, seconded by
Commissioner Klutz. Unanimously
approved. CUP #2006-05 Blowing Rock Conference Center-Exterior Modifications
Attached as Exhibit E
2.
CUP #2006-07
Creeks at Mayview Subdivision
Sworn
to speak during the public hearing were John Allision and Cannon Harmon
representing Triple Tree Development.
Council
was presented with a request from Triple Tree Development for a conditional use
permit for a major subdivision located between
The
proposed request was to divide the property into six (6) lots. The smallest lot being .755 acres and the
largest lot being 1.686 acres. All six lots have road frontage on either
The
request proposed that lots four and five share a driveway to minimize the
impacts caused by stream crossings in the wetland area.
Planning
Director Rothrock stated that any stream crossings/culvert/bridges or wetland
impacts shall be permitted by the U.S. Army Corps and the NCDENR-Division of
Water Quality (DWQ). He also stated that
staff recommended two options for driveway configurations:
1. All lots shall
be served by a single driveway; or
2. No more than
two lots facing
Other
staff recommendation were:
·
The applicant shall provide two (2) fire hydrants – one on
·
The applicant shall coordinate the installation of standard
coach lights on
·
Street trees shall be provided where existing trees do not
satisfy the street tree requirements in the Land Use Code.
·
A 20-foot opaque buffer must be proved alon lots 5 and 6 to
buffer the horse show grounds and town maintenance area.
·
Access to lot 3 should be limited to
During
their March 16th meeting, the Planning Board made a recommendation
to approve the subdivision with the following conditions:
1. No access
shall be permitted for lot #3 from
2. Only two
driveways be permitted to serve lots 4, 5 and 6.
Commissioner
Tester inquired if staff anticipated any issues if three driveways were located
of
Commissioner
Wiseman inquired if the driveways were wide enough to have adequate fire
protection for the homes located in the subdivision. Town Engineer Doug Chapman stated that a fire
hydrant would be installed in the common area on
Commissioner
Wiseman stated that it seemed less wetland would be disturbed if driveways 4
and 5 were combined. Town Engineer Doug
Chapman stated that with a small amount of adjusting between property lines, a
driveway could be shared between the two while still keeping the front setback
on lot 5 and save a few large trees.
Mr.
Cannon Harmon a partner in the proposed project spoke of their desire to leave
the property as natural as possible with minimal disturbance to the trees. Mr. Harmon also stated that all shared
driveways would be 18’ wide, as shown on the preliminary plat.
After
further discussion a motion was made to close the public hearing by
Commissioner Wiseman, seconded by Commissioner Ball. Unanimously approved.
Commissioner
Tester made a motion to accept CUP #2006-07 as written with authorization for
staff to exercise some flexibility in the decision to combine driveways 1, 2
and 3, (one driveway to access two lots) in addition to driveways for lots 4
and 5 being combined. Commissioner Ball
seconded the motion. Unanimously
approved. CUP #2006-07 Creeks at Mayview Subdivision Attached as Exhibit F
New Business
1.
CUP #2004-04
Minor Amendment – Pssghetti’s Restaurant
Sworn
to speak during the public hearing was Mr. Charlie Day.
Planning
Director Kevin Rothrock presented Council with a request from Mr. Larry
Vanhaerents of Blowing Rock Renovators for a conditional use permit minor
amendment to add a valet shed at Pssghetti’s Restaurant.
The
proposed 20 square foot valet shed would be used by the valet parking
attendants during inclement weather and would be located across from the main
entrance on the edge of the parking lot.
Materials for the shed would match the materials on the restaurant
building.
Commissioner
Tester suggested the applicant pay close attention to Item #3 of the CUP that
states no other storage building, shelter, or structures shall be located on
the property without securing proper permits, and the temporary valet shed
shall be removed no later than 5:00 p.m. on April 17, 2006.
A
motion to close the public hearing was made by Commissioner Ball, seconded by
Commissioner Klutz. Unanimously
approved.
Commissioner
Lentz entertained a motion to approve CUP #2004-04 as written, seconded by
Commissioner Wiseman. Unanimously
approved. CUP # 2004-04 Minor Amendment – Pssghetti’s Restaurant Attached as
Exhibit G
2.
CUP #1992-01
Minor Amendment – Subway Restaurant @ Martin House
Mr.
Gregory Clark owner of Subway Restaurant was sworn to speak during the public
hearing.
Planning
Director Kevin Rothrock presented Council with a request from Mr. Clark of
Subway Restaurants for a conditional use permit minor amendment to add a
satellite Subway sandwich shop at the Martin House Properties. The subject property is zoned CB, Central.
The
proposed satellite Subway sandwich shop would be located in one of the vacant
retail spaces (Unit 3) adjacent to the Inspirations retail shop. The
proposed space is 334 square feet and would not include indoor
seating. The sandwich shop would be for
walk-in customers and for pick-up only. There are currently located in the Martin House courtyard,
2 (two) concrete picnic tables where customers could dine. Mr. Clark stated the restaurant would prepare
sandwiches and salads on premise, but the bread baking and food prep would be
done at the restaurant located on
Planning
Director Rothrock stated since no indoor seating was available and the concrete
tables are located outside, staff did not consider this as a restaurant by
definition. Instead, staff considered this establishment more of a walk-up
retail business. The previous use was
retail, so there would be no changes in parking requirements.
Mr.
Rothrock stated staff’s only concern was there being no public restroom
facilities available on the property.
The NC Building Code and Watauga County Health Department do not require
restroom facilities if no indoor seating is available.
Commissioner
Tester requested clarification regarding this issue. Mr. Tester questioned why
this request was on the agenda since it was for a minor amendment with no
construction changes. He stated if this
was not in fact considered a restaurant, but a retail business instead, it
would not require a minor amendment, because there would be not change in
use. He stated on the other hand, if
this was considered a carry out restaurant, this use would not be allowed in
the Central Business (CB) district. He
also stated he would challenge the premise that this was not a restaurant. Mr. Tester stated the definition for
restaurant read as such; “a common establishment for sale of refreshments and
eating house, a place where meals are served to customers”.
Mr.
Tester stated according to the definition, this request constitutes being a
restaurant, not a retail business. Mr.
Tester also stated that the applicant clearly intended to use 18 seating spaces
in the Martin House complex. He felt the
request was not appropriate for consideration at this time. Commissioner Tester continued on with a
motion to reject the request for a minor amendment, and stated if the applicant
chose to pursue the request, proper public hearing procedures should be followed. Town Manager Hildebran stated the request had
been placed on the Planning Board’s April agenda. Commissioner Tester’s motion received a
second from Commissioner Lentz.
Commissioner
Wiseman voiced her opinion regarding this request, stating she disagreed with
Commissioner Tester. She felt this was a
retail business as opposed to a restaurant.
Commissioner Wiseman felt this establishment was the same as what used
to be Sunset Café, in as much; since Sunset Café served food to the public with
outside seating and offered no restroom facilities, as well as Kilwin’s. Commissioner Wiseman stated she understood
what Mr. Tester was thinking, but she felt this was definitely a retail to-go
establishment. She continued on stating
that changes in the code for clarification purposes were probably needed at
some point.
Commissioner
Tester agreed this was a different type of business, but he still believed it
was a take-out restaurant according to the use code. He also stated there were other restaurants
fitting this description, but during the 10 years he had been in town, none had
been approved. He stated this applicant
had come before Council for approval, and he could not give approval to
something that contradicts the Land Use Code.
He felt this would be authorizing a variance, which Council was not
allowed to do, only the Board of Adjustment could do this. He stated he would like to have a Subway on
Town
Manager Hildebran stated this was not a simple request and the town staff had
had similar discussions as the Board on this matter.
Commissioner
Tester stated there were many issues that needed to be reviewed further, such
as bathroom facilities and parking requirements.
Commissioner
Wiseman also asked that the Planning Board study Item #3 and #5 of the CUP
further and that the applicant be required to follow the Martin House Master
Sign Plan.
Mayor
Lawrence stated that a motion had been received by Commissioner Tester to refer
this request to the Planning Board, seconded by Commissioner Lentz. He called for a vote on the motion. Commissioner Tester, Lentz, Ball and Klutz
voted in favor of the motion, with Commissioner Wiseman voting against the
motion. Motion carried. 4-1
Speakers from
the Floor
None
Departmental
Reports
Town
Manager Hildebran presented Council with FY 2006/07 employee health/dental
insurance quotes. Mr. Hildebran
recommended the town renew their contract with CIGNA Healthcare of N.C. for
employee health coverage and contract with Companion Life Ins. Co. for dental
coverage.
Commissioner
Wiseman made a motion to accept Town Manager Hildebran’s recommendation as
presented, seconded by Commissioner Ball.
Unanimously approved.
Adjournment
With
no further business to discuss, Mayor Lawrence adjourned the meeting at 7:10
p.m.
Mayor ______________________________
J.B.
Attest: _____________________________
Sharon H. Greene, CMC
.