See the agenda and documents below ?
Community Services Meeting Agenda
Tuesday, January 10th, 2023
Immediately Following Street Department Meeting
Committee Members:
Chair – Evelyn Reed
Vice Chair – Ann Spencer-Cole
Staff Liaison – John Parton, Director of Community Development
I. Establish a Quorum / Call to Order
II. Recognition of Attendees
III. Reading of Civil Statement
IV. Approval of December 13th, 2022 meeting minutes
V. Community Services
A. Update/Discussion/Review – Proposed Ordinance – Regulating Use of Golf Carts in City of Benton.
B. Condemnations
1. 724 Heights Road
2. 921 Banner Street
3. 708 Burton Street
4. 822 Rocky Street
C. Liens
1. 1219 W. Smith St
VI. Other
VII. Adjournment
ORDINANCE NO. OF 2023 ⛳
AN ORDINANCE OF THE CITY OF BENTON, ARKANSAS TO ALLOW THE OPERATION OF GOLF CARTS ON CERTAIN CITY STREETS; PROVIDING FOR DEFINITIONS; AND PROVIDING FOR OPERATIONAL REGULATIONS PERTAINING THEREOF.
WHEREAS, the City Council of the City of Benton has determined to allow the operation of golf carts on certain city streets; and
WHEREAS, per Arkansas Code 14-54-1410, It shall be within the municipal affairs and authority of any municipality in the State of Arkansas to authorize by municipal ordinance, any owner of a golf cart to operate upon the city streets of the municipality; provided, however, operation shall not be authorized on city streets which are also designated as federal or state highways or as a county road;
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Benton, Arkansas, as follows:
SECTION 1. DEFINITION(S)
(A) As used in this ordinance, the term “GOLF CART” means any self-propelled vehicle that:
(1) Is designed for the transportation of players or maintaining equipment on a golf course;
(2) Has a minimum of four wheels;
(3) Is designed to carry not more than four persons, including the driver;
(B) As used in this ordinance, the term “OPERATOR” means the driver of golf carts as governed by this ordinance;
SECTION 2. LOCATIONS PERMITTED/PROHIBITED
(A) Golf carts may be operated on any city streets whose speed limits are equal to or less than 25 miles per hour, provided such streets are not excluded under Arkansas Code 14-54-1410;
(B) Under Arkansas Code 14-54-1410, use of golf carts shall not be authorized on city streets which are also designated as federal or state highways or as a county road;
(C) Golf carts are prohibited from operating on any sidewalk, recreational path, trail, or any location normally used for pedestrian traffic;
(D) Golf carts may also be prohibited in certain neighborhoods as determined by the Property Owners Association (POA) of said neighborhood, with the responsibility of monitoring and enforcing this prohibition designated to the POA.
SECTION 3. OPERATION
While operating a golf cart, drivers must:
A. yield to all motor vehicles, pedestrians, and cyclists, and avoid obstructing traffic;
B. refrain from driving in excess of fifteen (15) miles per hour, regardless of the posted speed limit;
C. abide by the manufacturer’s passenger-capacity limits;
D. ensure that all passengers remain seated while the golf cart is in motion;
E. operate only during daylight;
F. use standard hand signals for turning if the operator’s golf cart is not equipped with turn signals;
G. obey all generally applicable traffic laws except as modified in this chapter.
SECTION 4. OPERATOR
Lawful operators of golf carts are limited to:
A. the owner, and owner’s family members age 14 and older;
OR
B. the owner and/or employees of a business making deliveries or conducting business for the owner.
SECTION 5. FINES
Those violating these restrictions may be cited and punishable by a fine up to $100 for the first offense and $250 for the second offense.
UPDATE FEB 2023………. THIS GOLF CART ORDINANCE DID NOT PASS.
COMMUNITY SERVICES / ANIMAL CONTROL COMMITTEE MINUTES
December 13th, 2022
In Attendance:
Committee Members:
Council Member Evelyn Reed
Council Member Jeff Hamm
Council Member Judd Hart
Council Member Frank Baptist
John Parton, Community Development Director
Bruce Thomas, Community & Economic Development Staff Liaison
Council Members present:
- Council Member Shane Knight
- Council Member Jeff Hamm
- Council Member Steve Brown
- Council Member Ann Spencer Cole
- Council Member Judd Hart
- Council Member Jeff Morrow
- Council Member Frank Baptist
- Council Member Evelyn Reed
- Council Member Steve Lee
- Council Chair Evelyn Reed, declares a quorum and calls the meeting to order. Introductions are made around the room. November meeting minutes were not available for review due to technical difficulties.
Community Services Agenda:
ITEM A. – UPDATE ON AIR BNB
Community Development Director John Parton provided an email in his packet as well as the tax collection agreement. In review of this information, it states that they will disclose the listings within the city limits, will provide adequate data, annual audits as well as get an acknowledgment from the host that they will be collecting the A&P tax on behalf of the city. Mr. Parton states that he has forwarded this information to city attorney, Baxter Drennon and recommends that the documents are reviewed and agreed upon before moving forward. It was also mentioned that before the meeting, Mr. Parton received an email that the software has been set for January collection and the soonest the city could start collecting would be February 1st. Council member Jeff Morrow asked what the tax rate was on Air B&B’s, that rate is 1.5%, the same as hotel/motel tax, this is classified under short term rental. Council Member Shane Knight recommends that in this instance, they expedite the process, he would feel more comfortable handling it now because there is the possibility if it gets before the state legislature, it could be amended numerous times in such a way that the city’s ability to include Air B&B’s may/could be taken out of the city’s hands. There was a discussion/explanation between council members on how the ordinance should be stated.
Council Member Knight made a motion to bring this before the council to give Mr. Parton and Attorney Baxter Drennon time to come up with the proper language that is inclusive for our ordinance. Council member Hamm seconded the motion. Motion carries.
ITEM B. – UPDATE & DISCUSSION ON PROPOSED ORDINANCE FOR GOLF CARTS
John Parton stated that he’s taken some information and suggestions and has removed the technical specifications for what the golf carts must have. It’s recommended that they be standard golf carts, not requiring registration. Limitations include, not driving above 15mph, reduced seating size from 6 to 4 passengers provided they have 4 seats, this includes the driver. John indicated that the language will be changed from any to and that the statue will be corrected. It was also questioned if the council was comfortable with golf carts operating at night. Council member Baptist expressed that a golf cart ordinance wouldn’t be a good idea and that it’s dangerous. Council member Knight stated that it may be more reasonable if golf carts were limited to the communities that had courses rather than opening up the opportunity for golf carts to be on the same playing field as vehicles on our city streets. Council member Hamm stated that he had no problem if they were used on our streets saying golf carts are well equipped and safer than a bicycle. Council member Brown directed the question to Chief Hodges that if the council was to limit the areas for golf carts would this be preferable for his department and officers and does he have an opinion for or against. Chief Hodges responded that as open as the ordinance is, he’s not open for the night driving and would have to go back and review what areas people would be able to travel as well as looking at speed limits. He would be more comfortable with the night travel if it were specific to certain areas. Chief Hodges said he’d like to see an age for the driver included in the ordinance which is currently not specified.
Council Member Hart made a motion to bring this issue back at the next meeting. Council member Morrow seconded the motion. Motion carries.
ITEM C. – REZONING APPLICATION
John Parton said the Yuma Street rezone application went to council and was tabled over some concerns that needed to be addressed. Mr. Parton feels its best appropriate to send it back to committee to be discussed and the issues be worked out.
(SEEMS THAT THE VOLUME WAS EITHER TURNED DOWN OR SOME SORT OF DIFFICULTY AS THERE WAS COMPLETE SILENCE)
Jonathon Hope with Hope Consulting approached the podium and stated his firm submitted the application for rezoning at the corner of Hwy 183 and Yuma. This is a 2-acre piece of property directly across the street from Tire Town and approximately 175 feet west of the fire department next to the Dollar General. He states that the area being discussed is 100% commercial property. He states it is not a desirable area for someone to build a house. He said it’s been recommended
for commercial rezone, has been to the planning commission and received approval, and then was tabled at city council before it was even presented. He is in attendance to answer any questions that may arise in order to get it back on track for approval by council. Council member Knight spoke up stated that he was the one to request tabling the motion because originally there were no plans presented as far as what type commercial development would be on this property. This was a concern for residents on the backside of Yuma. Time was requested to try and entice a potential commercial development of a small grocery store to look at the property and get with the owner, Mr. Davis to see if it was feasible and would fit. It’s the understanding of council member Knight that the developer hasn’t had the opportunity to get out and walk the property to see if his store would fit on that property. At this time, he feels like this isn’t going to happen so it should go back into the hands of the property owner and engineer. According to Mr. Hope, there are still no plans and that this isn’t unusual on a rezone. They’re just proposing this property for use. Property owner, Caleb Davis approached the podium and stated that once it got through the zoning process, they were going to go to work on a plan. He states that he does have a few ideas but he just wanted to make sure that it got through the current process before moving forward with a site plan. Council member Hart asked if it was their plan to have the entrance coming off Yuma or Edison. Mr. Davis said since the address to the property is 709 Yuma St, it has roughly 300-400 feet of Hwy frontage. He feels maybe the address could be changed to something on Edison and anything that is put there yes, would be the most convenient would be access from Hwy 183. Council member Knight stated that the reason it has a Yuma address is because it’s currently zoned residential and residential zoning can only have an address of a residential street and not a Hwy or interstate. Council member Knight asked that Mr. Davis be aware from a resident stand point that when a property is zoned C-2, it’s open to anything that fits in that area and that they won’t know what that is until a site plan is brought forward and that residents won’t have a say if all the requirements are met through P&Z.
Council member Knight made a motion to bring this issue back before council for discussion to go from residential to C-2. Council member Hamm seconded the motion. Motion carried.
There was a brief discussion by Council member Hamm regarding the Utility Department.
Meeting adjourned.
For more information on events visit www.mysaline.com/events