City of Benton Community Services Committee to Meet December 12th

Community Services Meeting Agenda

Council Chambers
Tuesday December 12, 2023
Immediately Following the Street Department Committee Mtg 5pm

Committee Members:

Chair – Evelyn Reed
Vice Chair – Ann Spencer-Cole
Staff Liaison – John Parton, Director of Community Development

1. Establish a Quorum / Call to Order
2. Recognition of Attendees
3. Approval of November 14th, 2023 minutes
4. New Business

   A. Discussion/Review of Proposed Condemnations

   1. 1423 Cedar Street
   2. 305 S. Main Street
   3. 712 Edison Avenue
   4. 422 W. South Street
5. Old Business
6. Discussion

   A. Discussion/Review of Proposed Revision to Address Mini Storage/Self Storage

1. Existing Moratorium on Mini Storage/Self Storage (expires March 27,

7. Other
8. Adjourn

2024)
2. Draft of Proposed Ordinance to Amend the City of Benton Zoning

Ordinance Mini/Self-Storage to C3 and LI Zones, with Conditional Use approval (Conditional Use Approval in C2 Zone would remain intact).

Minutes from Previous Meeting November 14th

In Attendance:

Committee Members:

COMMUNITY SERVICES MINUTES November 14th, 2023

Chair – Council Member Evelyn Reed
Vice Chair – Council Member Ann Spencer Cole

Council Members present:

Council Member Jeff Hamm
Council Member Steve Brown
Council Member Jeff Morrow
Council Member Shane Knight
Council Member Frank Baptist
John Parton, Community Development Director Code Enforcement Supervisor, Bruce Thomas Tom Farmer, Mayor

Council Chair Evelyn Reed, 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 October 10th minutes, Council member Steve Brown made a motion, Council member Jeff Hamm seconded the motion. Motion carried.

Community Services Agenda:

NEW BUSINESS –

PR COMMUNICATION REPORT

Media Specialist, Matt Thibault approached the podium and stated the city Christmas events are getting ready to start up. The Christmas Tree is scheduled to be set on Monday, November 20th. He discussed how we reach people through social media. Over 43,000 people have been reached through our social media sites. He stated we use billboards for things like Third Thursday events, and the city’s texting portal, Nixel. We’ve recently started using paper flyers as well. He suggested that utilizing POA’s and neighborhood associations to get the word out about events would be a good idea. He requested any thoughts, suggestions or ideas from the council members.

DISCUSSION/REVIEW OF PROPOSED LIENS

Code Enforcement Director, Bruce Thomas approached the podium and stated that there are two liens to be discussed, both being clean ups. The first address is 616 Pearl Street in the amount of $750.00. This address had a big brush pile, high weeds ad the owner just wouldn’t cooperate. The property is being sold and the city should recoup its money at closing. The second address is 1206 Misty Drive. This has been ongoing cleanup, have been to court, etc. The yard consists of high grass and weeds. We have the yard on a regular yard maintenance schedule and sending a bill at the end of the year. This property was $600.00 (4 mows, 4 cleanups). Council Chair Reed entertained a motion to move forward with the resolution of 616 Pearl Street. Council Member Steve Brown made a motion, Council Member Jeff Hamm seconded the motion. Motion carries. Council Chair reed entertained a motion to move forward with the resolution of 1206 Misty Drive. Council Member Steve Brown a motion, Council Member Jeff Hamm seconded the motion. Motion carries.

DISCUSSION/REVIEW OF PROPOSED PREVISION TO ADDRESS MINI STORAGE AND SELF UNITS

John Parton, Community Development Director stated that the council passed a one-year moratorium on mini and self-storage development projects. The discussion on what the next steps should be were as follows: should the moratorium continue or end in February 2024 as scheduled or, what should be done in terms of managing mini storage facilities moving forward. One of the concepts would be to limit it to remove the right of permit for mini storages in C3 and limit it to LI. If it’s removed as use by C3, LI would be the only option. We had the city planner look at all the LI zones. We can also look to expand or amend LI zones. Council Member Shane Knight asked if there was any particular reason why we would take what has the potential to be a strong economic driver and job creator by sticking something there that would create no jobs. Mr. Parton replied that right now it’s automatically permitted in LI in the current planning and zoning ordinance which could be amended. Council Member Knight said when it comes to these types of units to not completely abolish them, the minimum that he would consider is they are conditional use regardless of location.

Mayor Farmer mentioned it was rumored that there was going to be a medical marijuana dispensary coming to Benton. He wanted everyone to be aware of what the procedures were for this to happen. Mr. Parton said we get requests for zoning verifications on a weekly basis. He received a request for a verification on a parcel out on the frontage road by the Kroger Marketplace. The mayor asked Mr. Parton to look into the regulations regarding medical marijuana dispensaries. At the time, he wasn’t aware that the two were connected but later received some information that they might have been. The initial communication to the real estate firm requesting the zoning verification was it was simply C3 then the research for the medical marijuana dispensaries found that the city council amended Ordinance 14 of 2017 which is our zoning Ordinance. It was modified it later that year with Ordinance 52 of 2017 which stated that medical marijuana dispensaries and pharmacies had added that as well, were in C3 or LI but C3 by conditional use regardless of the location. To date, we have not received any kind of request for conditional use for that type of facility.

Ms. Maggie Martin who resides at 4th and E. Sevier approached the podium. She stated that in 2016 in the state of California where she used to live had a vote on legalizing recreational marijuana. She said that it was such an issue where she lived and would just like to say that the City of Benton just not allow dispensaries. Her concern is for the safety of the citizens and the law enforcement that have to deal with the issues it would present.

BUILDING PERMITS/CODE ENFORCEMENT DATA

Mr. Parton directed the committee to look at the data provided that compared numbers from last year to this year. Residential permits were down about 46%, commercial permits were down just slightly. Preliminary data for Code Enforcement shows fines were up, citations were up, and residential demolitions were up 32%. Revenue is down 28% primarily from residential permitting.

Ms. Martin again approached the podium and stated she was impressed that condemnations were up. She also indicated she didn’t understand the process and how long it took to get to condemnation status. She was advised to speak with Bruce Thomas for explanation after the meeting.

Council Member Shane Knight stated the council was going to have to look at and review very soon is expanding our territory to accommodate new housing development as we are running out of new land to develop.

OLD BUSINESS – CT SOLAR FARM

This was passed by conditional use by the planning commission. This was a project that was forwarded by CTE and will serve not only as an electrical source for the campus but also it will be like a living laboratory in their backyard where they can do multiple types of training.

MERCHANT BANK CROSSOVER

The drawing provided is Merchants and Farmers Bank, 146 West South. They are renovating the main structure and have begun some demo on that. Across River Street there is a drive-thru facility. They are wanting to build a crossover. DRC has received a very preliminary review, HDC was pleased with how the structure is going to be renovated.

FIBER OPTIC PEDESTALS CONSTRUCTION ISSUES AND UPDATES

Mr. Parton stated that he probably gets anywhere from 10 to 30 contacts, emails, phone calls, ect about fiber related concerns. He said we currently have four active fiber installers within the city limits. About 3 weeks ago all the fiber installers and those that support them were invited to meet with Mr. Parton after the DRC meeting. They were reminded to respect the right of way per the franchise agreement they are to limit damage to property impact on the right of way, and that property should be left the same or in better condition. Mr. Parton has asked them to have their vehicles identified, this will hold them more accountable. Sub-crews should be able to have their business cards readily available to hand out if needed. Pedestals were addressed at the DRC meeting and need to be used sparingly. Red tags will be issued if they aren’t in compliance. A member of the audience came to the podium to discuss the damage and utilities she’s been without with all the digging. Ms. Martin came back up to the podium stating her solution to the problem is she will run them off.

Meeting Adjourned.