MIINUTES COUNCIL DOWNTOWN MASTER PLAN COMMITTEE Wednesday, March 18, 2025 - 4:00pm City Hall Council Chambers Members Present: Gary Daniel, Chair, Council Member Billy Parrish, Heart of Brevard Representative Nicole Bentley, Executive Director, Heart of Brevard Parker Platt, At-Large Member Mayor Maureen Copelof, Ex-Officio Members Absent: Pamela Holder, Council Member Lee McMinn, Citizen Member Staff Present: Mack McKeller, City Attorney Paul Ray, Planning Director Emily Brewer, Senior Planner Selena Coffey, Assistant to the City Manager Media: Dave Bradley, Transylvania Times A. Welcome & Call to Order Committee Chair Gary Daniel welcomed everyone and called the meeting to order at 4:00pm. B. Certification of Quorum A quorum was certified by Assistant to the City Manager Selena Coffey. C. Approval of Agenda Ms. Bentley made a motion to approve the agenda with the addition ofa discussion of a mural to the agenda, and the motion was seconded by Mr. Parrish. The motion was approved unanimously. D. Approval of Minutes Ms. Bentley motioned, seconded by Mr. Platt to approve the minutes of the February 12, 2025 meeting. The motion carried unanimously. E. Downtown Business Sidewalk Discussion = Follow-up with City Attorney Mr. Ray introduced the topic, stating that at the last meeting the committee asked the city attorney to attend to answer questions about sidewalk usage downtown, including the unpermitted newspaper advertising boxes and special legislation on how the city should address these. Mr. McKeller stated that these unpermitted boxes are viewed as obstructions and restrictions may be plaçed on them. Further, he noted that these boxes are constitutionally permitted to be removed from the sidewalk and that he would recommend that they be removed. Ms. Bentley shared that she had spoken with other municipalities that had a designated space for these boxes as opposed to distributed on sidewalks throughout downtown. Mr. McKeller stated that this could be authorized. After extensive discussion, committee members reached consensus that they preferred allowing these permitted advertsing/newspaper boxes in one designated location as opposed to distributed along the city's sidewalks. They agreed that an alley would be an appropriate area for this location for permitted boxes. Mr. Daniel asked that staff determine the designated location where these permitted boxes may be Co-located. Mr. Ray raised another issue that Mr. McKeller may address, regarding including the existing butterfly bench and white squirrel structure on sidewalks downtown. Ms. Brewer presented a hard copy list of structures on downtown sidewalks denoting whether the structures are allowed and permitted. Sidewalk Usage Permit Tracker (as oft March 4, 2025) Business nusines 41 Address Tyne af Uage NMES Blind Mule 145Gaston Sidewalk Usage Signed updatede encroachment agreement to comply with new regulatlons Sully's Steamers 33E Main St Sidewalk Dining w/ Alcohol Need to ask 1 they want to amend insurance requirements Falls landing Restautant 1AE Main St Sidewalk Dining w/ Alcohal Need to ask t they want to amend Insurance requirements Alsor must remove green chairs from bricked area Need to aski they want to amend Insurance requirements Smokey Sunrise 30W1 Main St Sidewaik Dining Alsor needt to follow up withthem about ther rooster not allowed in bircked area EI Jarocho 55E Main St Sidewalk Diningw w! Alcohol Need to ask 5 theys want to amend insurance requirements OPT Taylor's 17 W Maln St SidewalkUage Lucy Clark Gallery & Studio 51 w Main St sidewalk Usaga Rocky'sGrul 485 5 Broad St sidewalk Dining Permit for merchandise neat tot bulding only. White Squirrel In bricked White Squirrels Shoppe 6W Main St Sidowalk Duige area nota allowed ACE) Hardware 87 w Main St Needs Permn Merchandise outside 3/4 Blve Ridge Bakery 86 w Main 5t Needs Permn Planters outside 3/4 Mantiques 681 w Main St Needs Permit Benches outside 3/4 SandraF Purcell & Associates 961 w Main! St Needs Permit Chairs and planters outside 3/4 Kiwin's 52 w Main St Needs Permit Bench outside 3/4 Hunters & Gatherers 40 w Mains St Needs Permit Merchandise outside 3/4 Lily Ts 14V WI Main St Needs Permit Planters outside 3/4 Earth Mountain Bicyde 66EN Main St Needs Parmit Planters outside 3/4 DDE Bullwinkal's 60E Main St Needs Permit Me se outside: 3/4 aho unpermitted: signage on sidewalk Redv Woll Gallery SE Main! St Needs Permit Planters outside 3/4 Beverly Hanks 6E Main St Needs Permit Planters outside 3/4 Quixote 43SE Broad St Needs Permit Planters outside 3/4- unclearl I they are Quixole's or property owners Penny Lane Exchange 325 S Broad St Needs Permit Planters outiide 3/4 H Scott & Assoclates 29 w Jordans 5: Needs Permi Planters outside 3/4: aloy unpermitedAtrame: sign Mommy &N Me Resale 30N NCaldwell St Tinyo chairs outside 3/4.- not enoughs cleatance RE/MAX 77 EMain St NTA : Are cordo boses thelrs? Cannot place anything on sidewalk- not enough clearance Rocky's Corner Market 48 SE Broad 5t Telephonel booth 3/4 not allowedi inl brick ares Local Color 365 SBroad St 01 ATw: Objects placedi int bricked area andin trees stump 3/4- not allowed Gravy 17V wI Main St Buttertly bench 3/4: inthe bricked arean not allowed Jordan Street Calé 48V w Jordans St Bench and planters outaide 3/4- note enough dearance Ginger MS Salon & Spa 32 w Jordan St Planterss outside 3/4 not enough dearance Ms. Brewer noted that staff would like input from the committee to determine which structures from the above list may be permitted. Mr. McKeller recommended against Minutes - Downtown Master Plan Committee Meeting - March 18, 2025 Page 2 of5 permitting this due to these obstructions, increasing the likelihood oft the city being liable for potential injuries caused by the obstructions. Ms. Copelof noted that some of these structures, such as the large white squirrel, the butterfly bench, the phone booth at Rocky's, etc., could be permitted in the city's brick areas as opposed to the sidewalk. There were also discussions about potentially securing these types of structures to improve safety. The committee continued with extensive discussion of structures on sidewalks that some consider iconic to the city. Mr. Ray stated that he felt that the committee had provided helpful consensus and input for staff to present potential code changes to the city council. Mr. McKeller stated that the city could use an encroachment agreement whereby downtown shops could get an agreement to leave structures in the city's bricked paver areas downtown, but his recommendation would be to require the structure owners to provide insurance for the structures and the agreements would need to be approved by the city. After much discussion, the committee reached a consensus to table this discussion regarding the brick paver areas for later follow-up. F. Times Arcade Alley Follow-up Mr. Ray introduced the topic to provide an update on the work completed at Times Arcade Alley, stating that the work was almost complete. He shared that landscaping had been completed recently, using large trees and flowers. Mr. Ray noted that work still needs to be completed on the Jordan Street side after receiving a recommendation on the stop bar placement, pricing a 6-foot guardrail, moving signs and poles. He also shared that parking brackets on Jordan Street need to be painted and a determination made as to potentially shrinking the size oft the loading zone on Jordan Street, thus giving more spaces for car parking. Mr. Ray is planning on bringing a striping plan to the next committee to make the determination in this regard. There was brief discussion ofthe handicapped spaces, as well as additional paving and it was agreed that City Manager Hooper will be able to answer the committee's questions about additional paving. Mr. Platt stated that he had heard that the alley repairs were paid with Downtown Master Plan funds and was curious if that was true and why the professionals who completed these repairs were not responsible for incurring these costs. Mr. McKeller advised that he is currently reviewing the external designer's contract and change orders to determine ifthe city should have some ofits expenditures refunded. Mr. Paul noted that the concrete contractors had made repairs to their work at no additional cost to the city. The committee continued discussion on this topic and staff will continue to update the committee monthly until the project is complete. Committee member representatives from Heart of Brevard requested that the city manager make sure that the committee is kept up to date on how the funds designated for the Downtown Master Plan are used in the future. G. Update on Status of NCDOT Relinquishing Main Street to the City Mr. Ray shared with the committee that NCDOT has received the city's request regarding the relinquishing of Main Street to the city and will be in contact with the city Minutes - Downtown Master Plan Committee Meeting - March 18, 2025 Page 3 of5 after review of the request. Staff will continue to keep the committee up to date on this topic. H. Discussion ofWindow Mural at 123 Water Oak Suites Ms. Bentley inquired as to whether a mural at: 123 Water Oak Suites had been approved through the city's public art policy. She stated that several of the businesses in this building expressed their dissatisfaction of the mural due to its size and appearance. The committee discussed other murals downtown. Mr. Ray noted that the city exempts window graphics from the city sign ordinances, which includes murals. Mr. McKeller read the specific ordinance references for the committee. Mr. Ray noted that city regulations would need to be revised if city council decided to begin regulating window murals. Ms. Bentley stated that she would speak with those who had complained about the mural and share with them the city's regulations. I. Public Comment Doug Miller, business owner on Jordan Street, provided input on the striping of the street as discussed earlier in the meeting and asked that the committee address vehicular traffic going the wrong way on Jordan Street. He urged the committee and the city to not give special permission to private businesses advertising on city property (referencing the advertising boxes on sidewalks discussed by the committee earlier in the meeting). He shared that the parking pay machine offJordan Street isn't operable currently. Mr. Parrish asked about the status oft the downtown parking study. Mr. Daniel responded that it will likely be included in the next fiscal year budget, which will be implemented July 1, 2025. It was noted that some of the previously budgeted funds had been used for parking infrastructure at the Fairhaven Meadows project. Mr. McKeller reminded the committee that there was no restriction on the use of the funds. Mr. Daniel thanked Mr. Parrish for his service on the committee. Ms. Bentley noted that the Heart of Brevard will be selecting a new representative to replace Mr. Parrish on the Downtown Master Plan Committee at its next meeting. J. Set Date for Next Meeting The next meeting ofthe Downtown Master Plan Committee was scheduled for Wednesday, April 9, 2025 at 4:00pm. K. Adjourn Ms. Bentley made a motion to adjourn, which was seconded by Mr. Platt. All voted in favor. The meeting adjourned at 5:08pm. Minutes Downtown Master Plan Committee Meeting - March 18, 2025 Page 4 of5 Minutes Approved: Apal92625 X & A Gary Daniel, Committee Chair or Pamela Holder, Committee Vice Chair - X l CEAE Selena D. Coffey Assistant to the City Manager Minutes - Downtown Master Plan Committee Meeting - March 18, 2025 Page 5 of5