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By Lynda Hollenbeck
Courier Staff If the Benton City Council continues the process it began Monday night, there will be no new truck stops coming into the city.
Following a public hearing in which two people raised objections, the council approved the first reading of an ordinance that removes service stations and travel centers that dispense diesel fuel or commercial vehicles as a permitted use and as a conditional use.
Objecting to the action were Lloyd Brown, a local businessman who owns the BP truck stop on the north service road of Interstate 30, and Don White, a former mayoral candidate.
The proposed ordinance was amended before the aldermen’s vote. In its original wording, it stated that the restrictions would apply to any service station or travel center that ceased operation or ceased dispensing diesel fuel to commercial vehicles for a period of 30 days or longer, but this was modified to 180 days.
Brown was asked about is plans for the BP facility, which is vacant now, but he declined to elaborate.
He said he could “not understand where we’re going with this. This is a legitimate business ... and [the council] is discouraging business in the city.”
White was openly critical of the council and Mayor Rick Holland regarding the proposed ordinance.
White said he could “tell this was not a well-thought-out plan,” which, he said, “is not unusual” for the current administration. “I can tell it’s against somebody,” he said, “so, Rick, who are you after this time?”
Alderman Doug Stracener, who heads the council’s Economic Development Committee, said the proposed ordinance is “not directed at anybody. That [criticism] is unfounded.”
Stracener and City Attorney Brent Houston said many objections have been raised about businesses like Pilot Truck Stop that create traffic congestion and where pollutants are emitted from commercial vehicles as they idle their engines.
When Stracener asked White if he had read the proposed ordinance, he said he had not, but he could “smell it.”
“If you get the service stations this time, you’ll get somebody else the next time,” White said, while accusing the city of impairing economic development.
Houston explained that it is not unusual for cities to impose restrictions on a particular type of enterprise.
“Some cities have restrictions on adult stores,” he said. “That’s what this is about. Citizens have said they don’t want more businesses like Pilot Truck Stop coming into the city.”
The proposed ordinance would not force Pilot Truck Stop to close, but it says “no more [truck stops] can come into the city,” Houston explained.
“And if it [or another business of its type] should cease to operate [within the 180 days], they will a have to operate as something else,” he said.
Stracener said the proposed ordinance isn’t part of a plan to get rid of Pilot, but he pointed out that the owners of the business have said they would be willing to move into the county if the city would give them $12 million in compensation.
“Obviously, we can’t do that,” Stracener said.
A motion from Alderman Greg White to send the proposed ordinance back to the Community Services Committee for additional study failed. Alderman Charles Cunningham heads this panel that recommended the ordinance.
The ordinance’s additional readings will appear on the next council meeting agenda.
Voting against the ordinance’s first reading Monday night were Aldermen Larry Wolf and White. Because Alderman Joe Lee Richards was absent, his vote also counts as “no.”
The proposed ordinance would amend Ordinance 22 of 1992, which allowed the construction of service stations and travel centers that dispense fuel to commercial vehicles within certain zones.
Following a recommendation from Marsha Guffey, the city’s director of community development, the council tabled an ordinance that would establish a flood damage prevention program. It noted that the state has delegated the responsibility of adopting regulations to minimize flood losses to local governmental units.
All of the required legal notices have not been met before the meeting, Guffey said
The proposed ordinance was especially timely considering the flooding several areas experienced following rainfall related to severe storms and a tornado that occurred in Benton on April 3.
In other matters, the council approved a resolution reversing a previous one that condemned a structure at 6507 Gravel St.
The owner of the property reportedly has made repairs to the structure, which is now habitable and no longer considered a nuisance.
“This shows a good-faith effort on the party of the council to rescind the previous action,” Cunningham said.
Alderman Steve Lee said the council needs to emphasize the fact that “people can get a permit to fix up their property if they so desire” even after it has reached the condemnation-action status.
The council also took the following action:
•Approved an ordinance accepting streets and utilities for maintenance in Hickory Heights subdivision, Phase 1. Alderman David Sparks heads the Street Committee, which recommended the action.
•Approved an ordinance waiving competitive bidding and authorizing and ratifying the making of a contract with Online Solutions for the purchase of certain computer support and related services. Stracener, who also heads the Finance Committee as well as the Economic Development Committee, presented the motion to approve the ordinance.
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