The Town of Blowing Rock Board of Commissioners met in regular session on Tuesday, November 9, 2004 at 7:00 p.m. Present were Mayor J.B. Lawrence, Commissioners Bobby Ball, Keith Tester, Terry Lentz, David Wray, and Rita Wiseman. Town Manager Scott Hildebran, Public Works Director Johnny Lentz, Planning Director Kevin Rothrock, Finance Director Margaret Pierce, Building Inspector John Warren, Andy Lovingood from McGill & Associates, Emergency Services Director Kent Graham, Parks & Recreation Director Jamie Saitta, Town Attorney Allen Moseley, and Town Clerk Sharon Greene were also in attendance.

Mayor Lawrence called the meeting to order at 7:00 p.m. and welcomed visiting ASU students.

A motion was made by Commissioner Wiseman to approve the minutes as presented for meetings held on October 5, 2004, October 12, 2004, and October 19, 2004, with a second from Commissioner Ball, with unanimous agreement from all members.

Planning Director Kevin Rothrock presented to Council code amendments for General Business, Office/Institutional and Hospital/Medical Complex zoning districts. These districts have no setbacks except for a minimum street setback of 30 feet from the street centerline. In the September meeting, this had been referred back to the Planning Board by Council for concerns they had regarding townhouses not meeting interior setbacks between buildings; and therefore could not be built. Mr. Rothrock stated that his staff had determined that as long as the townhouse development meets the applicable setbacks from adjoining properties, there should be no problem. After researching townhouse definitions and guidelines from other jurisdictions, he recommended that these definitions and guidelines be adopted to clarify the Land Use Code.

A motion was made by Commissioner Wiseman to close the public hearing, seconded by Commissioner Ball. All members were in favor.

A motion to approve the recommended setback regulations was made by Commissioner Wiseman, with a second from Commissioner Ball. All members were in unanimous agreement.

Bill Hall of The Grove Subdivision – Bilmar Development, LLC requested an appeal for sidewalk costs associated with the Main Street sidewalk constructed as part of their CUP requirement. Mr. Hall stated his original quote was for $14,000 by engineer Marion Rothrock. The Grove Subdivision’s actual cost for their portion was $46,928.33.

The Town agreed to waive $3,866.93 for Bellsouth and BREMCO utility relocation costs, per Council’s approval. Mr. Hall’s final cost was $43,061.40.

Mr. Hall stated if he had known the sidewalk cost was going to be so much greater, he probably wouldn’t have proceeded with the project. He requested the Town return to the original estimate of $14,000.

Council stated the estimate Mr. Hall had received was not a formal estimate and the Town wasn’t responsible for it. Also in the CUP, it specifically states the sidewalk costs would be the applicant’s sole responsibility.

Commissioner Lentz made a motion to deny Mr. Hall’s request, seconded by Comiss-ioner Tester. All members voted in favor.

1. CUP 1999-04 Blowing Rock Community Art Center – Request for Extension

Planning Director Kevin Rothrock presented a history of this project. He stated that on November 9, 1999, the Town Council approved a conditional use permit for the Blowing Rock Stage Company to construct a performing arts center. In early 2001, grading and preparation of a building site were done. During this time, building plans were revised several times, until the Stage Company realized the intitial building design would not meet their needs. In May of 2003, the Town Council approved an increased building height from 58 to 64 feet.

In September 2004, the Blowing Rock Community Arts Center (BRCAC) announced they had reached a significant amount of funding support and would bid the project out. With no building activity since the amended CUP in May of 2003, according to the Land Use Ordinance, the permit would have expired in May 2004. A "retro-active" six-month permit extension might be possible according to the Town Attorney, if it was applied for, and received approval during this meeting. BRCAC applied for the permit extension on October 13, 2004 and applied for a building permit at that time. Plans were submitted and permit fees were paid.

The "retro-active" extension would be from May 13, 2004 with an expiration date of November 13, 2004. However, with the submitted building permit, paid fees, and plans being reviewed, the permit would not expire by this date, if the extension met the approval of Council.

After hearing Mr. Rothrock’s presentation, Council was concerned this would set precedence for others in the future.

Commissioner Tester stated it was not a precedence he felt uncomfortable with, as long as circumstances had not changed. He felt that making the applicant follow through with the entire process again would be a waste of time and money.

Commissioner Wiseman felt it would be an incentive for future applicants to follow through with their projects.

Commissioner Lentz voiced his concern if the project was started and not finished for some reason, he felt the Town needed assurance that the landscaping and storm water detention would be restored. Commissioner Lentz suggested that the town’s engineering firm McGill & Associates review the site and utility plans. He also felt the Town should get a "Letter of Credit" from the applicant’s major lender.

Mr. Chip Williamson representing BRCAC, and Wachovia representative, Jason Triplett assured Council that would not be a problem. Mr. Williamson stated this was possibly the largest project ever for Blowing Rock and a significant economic impact would be seen. He assured Council that funding for the project was in place and that BRCAC was ready to proceed.

The cost of the proposed project was discussed briefly. The original CUP had the estimated project cost at five million dollars, when it was actually estimated at $6.5 million, the building permit would be updated to reflect the change.

After a brief discussion, motion by Commissioner Wray to amend the CUP and grant a 6 month extension with the following conditions: 1) The Town Engineer would need to review the site and utility plans to provide an estimate on the cost of installing the project landscaping and storm water infrastructure. 2) The applicant will be required to submit a letter of credit in the amount determined by the Town Engineer, plus a 25% contingency, to cover the costs of landscaping and storm water utilities. The letter of credit must be submitted and accepted prior to issuance of this CUP or commencement of land-disturbing activity. 3) The building permit be amended to reflect actual cost of the project. Commissioner Ball seconded the motion, with unanimous approval from all members.

Amendment to Blowing Rock Conditional Use Permit

Community Art Center –CUP No. 1999-04

Attached as Exhibit B

2. Condemnation Appeal (Isenhour Property) – 8062 Valley Boulevard

An order to demolish a portion of Icabod’s Restaurant building at 8062 Valley Boulevard, owned by Douglas Isenhour, was served by Town of Blowing Rock’s Building Inspector John Warren on October 11, 2004. The demolition was to be done within 90 days of issuance. Three motel rooms were condemned at the middle of the building damaged by stream flow originating from a culvert beneath the structure. Mr. Isenhour filed an appeal with the Town on October 21, 2004.

According to Mr. & Mrs. Isenhour’s attorney, Steven Berndt, more time was needed to comply, because the property was leased to Mr. Joe Papa, with his lease stating he was responsible for maintenance and repair on the property. He felt his client was not able to go onto the property and make any changes according to the lease.

Council’s concern was public safety and if an extension was granted, would the Town of Blowing Rock be liable if someone should be injured. Town Attorney Allen Moseley stated he felt the Town would not be held liable.

Commissioner Wiseman made a motion to extend the order for 60 days beyond the original 90 days previously granted. Commissioner Wray seconded the motion with agreement from all members.

3. Watauga County Multi-Jurisdictional Hazardous Mitigation Plan – Resolution

A motion to approve the Multi-Jurisdictional Hazardous Mitigation Plan was given by Commissioner Wray, seconded by Commissioner Lentz, with all members in favor.

Watauga County Multi-Jurisdictional Hazardous Mitigation Plan – Resolution

Attached as Exhibit C

 

 

 

4. Schedule Meeting Dates

Town Manager Hildebran requested that Council schedule a meeting date with Billy Combs, CPA to discuss the FY 2003-04 Audit. The date selected was Tuesday, November 16, 2004 at 9:00 a.m. Council decided to have a joint meeting with the TDA Board on November 23, 2004 at 4:00 p.m., and afterward discuss the Parks & Recreation Master Plan.

5. Closed Session – G.S. 143.318.11 (a)(5)

At 8:45 p.m. a motion was made to enter into closed session to discuss a negotiating position on price and other material terms of real property acquisition by Commissioner Wray. Commission Tester seconded the motion, with unanimous agreement from all members.

At 8:55 p.m. the regular meeting resumed. There being no further business to discuss, the meeting was adjourned.

MAYOR: ______________________________