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Henderson Council approves zoning change for live-entertainment restaurants, land swap and several funding actions
Summary
At its Aug. 10, 2020 meeting, the Henderson City Council adopted a zoning amendment to require special-use permits for restaurants offering entertainment, approved a land exchange to resolve grave encroachment, affirmed an MS4 stormwater compliance plan, authorized an engineering contract to pursue $6 million in DWSRF funds, and approved CARES and street overlay funding.
HENDERSON — The Henderson City Council on Aug. 10 approved a package of ordinances and resolutions addressing zoning, property, water infrastructure funding and pandemic-related spending.
The council unanimously adopted Ordinance 20-26 to amend the zoning code so that "restaurants with entertainment" require a special-use permit. Development Services Director Corey Williams told the council the change responds to recent cases of restaurants operating like nightclubs; the amendment requires music or performance areas to be in clear view of the dining area (no partition), limits sound from leaving the premises, mandates working video surveillance, requires a full-time security guard when live performances are provided, and prohibits siting such businesses within 250 feet of a school, church, residential dwelling or residential district in specified commercial zones (B-1, B-2 and B-2A). Council Member William Burnette moved the ordinance; Council Member Garry Daeke seconded; vote: YES — Williams, Coffey, Burnette, Elliott, Daeke and Spriggs; NO — none; ABSENT — Rainey.
The council also approved Resolution 20-47 to exchange a small city-owned parcel on South Beckford for part of a privately owned tract held by Kearney & Company, LLC. City Manager Edward T. Blackmon and Development Services Director Corey Williams said the exchange resolves a situation in which graves associated with Elmwood Cemetery reportedly encroached on the privately held parcel; owner James Kearney told council he counted as many as 56 gravestones on the parcel. As part of the negotiation, Mr. Kearney agreed to pay half of required survey costs. Motion to approve was made by Garry Daeke, seconded by William Burnette; vote recorded as unanimous among present members.
On environmental compliance, the council approved Resolution 20-50 affirming support for implementing a compliant Municipal Separate Storm Sewer System (MS4) program after the city received a notice of violation in 2019. City Engineer Clark Thomas told the council full compliance will be demanding and likely require phased implementation over five years and additional staff resources. The motion was moved by Garry Daeke and seconded by Sara M. Coffey; vote: unanimous among present members.
For water infrastructure, the council authorized Resolution 20-49 to spend up to $15,000 to hire CDM Smith to prepare and submit an application for an additional $6,000,000 in Drinking Water State Revolving Fund (DWSRF) financing to complete the Kerr Lake Regional Water System 20 MGD expansion. City Manager Blackmon said the project’s estimated cost could rise from $42 million to roughly $45–$46 million because of Covid-19 and other variables; the requested engineering funds would support pursuing backup financing. Motion by William Burnette, second by Sara M. Coffey; approved unanimously among present members.
Council approved the CARES funding ordinance (Ordinance 20-28) to establish a budget for Vance County’s allocation of roughly $459,000 to the city for COVID-19–related expenses, with proposed uses including touchless fixtures, PPE, and facility retrofits at City Hall and other municipal buildings. Marion B. Williams moved the ordinance and William Burnette seconded; vote: unanimous among present members.
On capital projects, council awarded the Henderson 2020 Pavement Overlay Project to S.T. Wooten at a bid of $246,420 (Resolution 20-53). Clark Thomas said the low bid was well below the $400,000 budget and that the budget would cover legal, administrative and other items as well.
Several routine grant-authority items were approved as part of the consent agenda, including authorization to apply for the U.S. Department of Justice 2020 BJA Justice Assistance Grant (which would fund police equipment if awarded) and ratification of acceptance for a North Carolina Volkswagen Settlement On-Road Program grant related to repowering a 2007 Sterling truck.
Council recorded no public comments on agenda or non-agenda items during the meeting. The meeting adjourned at 9:20 p.m.
Votes at a glance: Ordinance 20-26 (adopted); Resolution 20-47 (adopted); Resolution 20-50 (adopted); Resolution 20-49 (adopted); Ordinance 20-28 (adopted); Resolution 20-53 (adopted); consent agenda items (adopted).
