Benton Committee to discuss AirBnBs and annexing of Buc-ee’s property; Meeting June 11th

 

Previous Meeting Minutes:

In Attendance:

Committee Members:

Council Chair – Evelyn Reed

Council Members present:

Council Member Ann Spencer Cole

Council Member Shane Knight

Council Member Bill Donner

Council Member Jeff Morrow

Council member Jeff Hamm

Council Member Judd Hart

Council Member Steve Brown

Council Member Frank Baptist

Tom Farmer – Mayor

John Parton – Community Development Director

Bruce Thomas – Code Enforcement Supervisor

Council Chair Ann Spencer Cole declares a quorum and calls the meeting to order. Introductions

are made around the room. Council Chair Reed made a motion to entertain approval of the April

9th minutes, Alderman Judd Hart made a motion, Alderman Bill Donner seconded the motion.

Motion carried.

Community Services Agenda:

NEW BUSINESS –

FIBER CONSTRUCTION UPDATE

Mr. Parton offered a reminder that we have 4 primary companies doing work here in Benton.

Mayor Farmer and John thought it would be a good idea for a representative with each company

come in and give an update. Lori, Director of Hyperfiber Markets gave the first update. She

stated this is a great community and they love being a part of it. She reports that they are 40%

completed and are projected (worst case scenario) to be about 12 more months of construction.

They have 1077 homes that are ready for fiber connect. She stated they have had some design

modifications from what was originally presented. Their community promise is that they will

leave properties as they found them or better. Door hangers are left before the work is done and

once the work is completed and they offer a number for people to call if they aren’t satisfied.Chris Walker with Mastec representing Comcast/Xfinity. He stated that they are about 70%

completed. They have approximately 264,000 feet remaining. They’ve been constructing about

the last 15-16 months. They do place door hangers for any problems or issues that may arise.

They anticipate completion by the end of the year.

Brian Birch, construction coordinator with Fidelity stated they are the legacy provider. The

majority of their work is maintenance and repair jobs. They have one current subdivision that

they did that’s 99% completed, they’re just waiting on sod. Their contractors do leave door

hangers as well with a contact number for any issues or concerns.

Jacob Garrett, Director for External Affairs and Legislative Affairs for AT&T. He stated that 4

projects have been completed so far this year. He listed some specific addresses where work will

be done and completed in the near future.

ITEM B

Mr. Parton stated that last year we started investigating how we could collect revenues from

vendors like Airbnb. As a draft agreement was being researched and executed, we got word that

the state legislature has proposed senate bill 197 and planned on drastically limiting how local

governments could regulate the short-term rental industries. This committee decided to set it

aside for awhile until it was resolved. Alderman Brown had some interest in bringing it back to

the committee. Mr. Parton asked them to reupdate the draft agreement. Once he receives this,

he will forward it to Baxter Drennon, City Attorney and then back to council for review and

approval.

ITEM C – CONDEMNATIONS AND LIENS

909 West Hazel Street – This is just west of River Street. There has been no power for about

the last 18 months. There have been 102 police incidents at this particular property with 6 code

enforcement issues at the location. It hasn’t been secured. A realtor has reached out to Mr.

Thomas in regards to the selling of the property.

1809 Sevier Street – This property is across from Caldwell Elementary and does have current

utilities. It’s been empty for the last 5 years. The yard and house are in bad shape. The owners

have spoken to code enforcement to try and come up with some remedies for this property.

806 West South Street – There are 4 addresses in this parcel but the 806 address is the one in

question. It’s had a fire; the roof is sagging and in really bad shape. There have been no utilities

in the last 4 years. Code has been in touch with the owners and they have plans to have it

demolished. It’s located across the street from Helping Hands.

504 East Sevier Street – This property has been vacant for 3 years. Some progress has been

made where some of the vehicles have been removed and the yard has been kept up.1714 Huntley Road – The city tore the house down on this property in 2020 and the yard has

had to be bushhogged because it’s gotten so out of hand.

1115 Cherry Lane – This is one house east of Border Street. This property has been abandoned.

Trash left everywhere. No success has been made to reach the occupants. At least one 30-yard

dumpster was filled to get this property cleaned out.

Mr. Lacy, representative for 504 East Sevier approached the podium and stated that he basically

inherited the property from his father-in-law. He stated nothing could be done to the house until

his FIL passed away. Mr. Lacy has cleaned the house out and plans to eventually rehab the

house. He ran into a hardship when his mother passed away in December. He plans to put a new

roof on it within the next 2 months. He does live in North Carolina. Council Member Morrow

stated he would like to allow him an extension due to his credibility.

Council member Knight made a motion to move Items 1-4 to the condemnation process.

Council member Jeff Hamm seconded the motion. Motion carries.

Council member Knight made a motion to move items 5-6 to the lien process. Council

member Judd Hart seconded the motion. Motion carries.

ITEM D – UPDATED DRAFT ORDINANCE ON ANNEXATION OF THE THOMAS

PROPERTY TRACTS 3-10

Mr. Parton indicated that we have the legal description for the petition and it is signed by 100%

annexation property owners. It has been forwarded to the county to prepare the judge’s order to

release the property for annexation. Once we have been granted the release and the petition is

approved, we can present the ordinance for passage.

ITEM E – DISCUSSION OF PARKING IN YARDS

If new regulations are adopted regarding parking in yards, it will be limited to paved surfaces

under our existing zoning ordinance. Some residential zones have a limit to parking on the side

or rear of the home so that will impact where some parking areas can be placed as well. Council

member Morrow indicated that it’s not only cars, this includes trailers and equipment as well.

Bruce Thomas approached the podium to address how we enforce limiting nuisances. Inoperable

vehicles (boats included) they are allowed to be parked in the yard but are required to have a

fitted cover. If it’s a utility trailer that’s in conjunction with running a business, this falls on the

process of having a business license, there’s nothing in our ordinances that limits the amount of

utility trailers you can have. ¾ Ton vehicles are allowed to park on the street, we do not allow

semis to park on the street.

ITEM F – STREET CLOSURE PROCESS/PERMIT

Mr. Parton stated there was a citizen inquiry about the possibility of closing off the streets. We

often times close streets for city events but there’s really nothing in place for private citizens torequest street closures for an event. There are several requirements and various departments that

would need to look into the request for a street closure.

OLD BUSINESS –

CONDEMNATION UPDATE OF 151 BORDER CIRCLE

Attorney Ethan Noble who represents Erin Carr, owner of 151 Border Circle approached the

podium and stated this issue was tabled at the last city council meeting for 60 days. They were

advised to give 30-day updates, and this is their first on the property. So far, Ms. Carr has gotten

an electrical permit and electricity, and has been turned on in the house. She has power washed

the house and fixed the garage. She has hired a contractor to rehab the inside of the home. The

goal is to have everything done within the 60-day timeline. Weather has caused a bit of a delay

but she is making tremendous progress. No questions were asked by council regarding this

issue.

MONTHLY DEVELOPMENT REVIEW COMMITTEE REPORT

This is located on the back of the packet provided by Mr. Parton

MEETING ADJOURNED