09-09-97Board of Directors Room
City Hall - 500 W. Markham
Little Rock, Arkansas
September 9, 1997 - 4:00 P.M.
The Board of Directors of the City of Little Rock, Arkansas, reconvened from the
September 2, 1997, regular meeting with Mayor Dailey presiding. City Clerk Robbie
Hancock called the roll with the following Directors present: Directors Cazort, Keck,
Joyce, Wyrick, Kumpuris, Kelly and Adcock - total 7; Absent - Directors Wilson, Hinton,
and Hodges - total 3.
With a quorum present, Mayor Dailey declared the Board of Directors in session
and stated the purpose of the reconvened meeting was to consider a Resolution
establishing a moratorium on permits for erection of wireless communications
facilities and an Ordinance authorizing a contract with Pulaski County to administer
alternative school services. The proceedings of the meeting are recorded as follows.
(Directors Hinton and Hodges enrolled at 4:05 o'clock P.M.)
There was a brief discussion about the Little Rock Fire Department's Fire Fighter
Combat Challenge Team that will be participating in the world meet in Las Vegas,
Nevada November 5 -8, 1997. This is the first team from Arkansas to qualify for the
World Fire Fighter Combat Challenge Competition. Director Keck asked if the team has
all the support it needs and if the Board needs to do anything. Efforts are being made to
raise funds through the private sector.
Director Keck pointed out that the front page of Nation's Cities Weekly
(September 8, 1997) contains a picture of Mayor Dailey on patrol on horseback with City
Manager Charles Nickerson and Police Officer Bill Cobb as part of the City's "City Hall
for a Day" program.
The first presentation was Ordinance No. 17,569, entitled:
AN ORDINANCE DISPENSING WITH THE REQUIREMENT OF
COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH PULASKI COUNTY TO ADMINISTER
ALTERNATIVE SCHOOL SERVICES TO LITTLE ROCK YOUTH;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES;
and the Ordinance was read the second time, having been read the first time on
September 2, 1997. There was a motion by Director Adcock to suspend the rules and
place the Ordinance on third and final reading. The motion was seconded by Director
Hinton and unanimously adopted by the Board Members present, being ten in number
and two- thirds or more of the members of the Board of Directors, and the Ordinance was
read the third and last time. A roll call vote was taken on the question, Shall the
Ordinance Pass, with the vote recorded as follows: Ayes - Directors Hinton, Hodges,
Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10;
Noes - None; Absent - Director Wilson - total 1.
The Emergency Clause contained in Section 3 of the foregoing Ordinance was
read and adopted by the following roll call vote: Ayes - Directors Hinton, Hodges,
Cazort, Keck, Joyce, Wyrick, Kumpuris, Kelly, Adcock and Mayor Dailey - total 10;
Noes - None; Absent - Director Wilson - total 1. Whereupon, the Ordinance, together
with the Emergency Clause, was declared PASSED.
(Director Wyrick recused from discussion and voting on Resolution No.
10,074 because she is employed by Southwestern Bell Telephone Company, which has
wireless communications facilities. She was excused at 4:10 o'clock P.M.)
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September 9, 1997
Consideration was then given to Resolution No. 10,074, described as:
A RESOLUTION ESTABLISHING A 90 DAY MORATORIUM ON
PERMITS FOR ERECTION OF WIRELESS COMMUNICATIONS FACILITIES
IN THE CITY.
City Attorney Tom Carpenter distributed copies of the Resolution and explained its
provisions, stating that Section 1 declares the 90 day moratorium; Section 2 notices that
the City will be developing and drafting siting regulations for wireless communications
facilities for placement in the zoning ordinance; and Section 3 expires the Resolution,
automatically "sunsets" it at the end of the 90 days. A draft of the regulations was
attached to the Resolution as Exhibit "A" and will be distributed for public review and
comment. The Ordinance establishing the regulations should be ready for adoption in 60
days and would go into effect 30 days afterwards, at the time the moratorium expires.
Assistant City Manager Cy Carney stated there is one other technical point related to
antenna which might be affixed to an existing building or added to an existing tower. Mr.
Carpenter said those would be part of putting up a network, and there may be some risk if
those are exempt. Director Cazort said the Resolution says what he wanted - a complete
moratorium for 90 days on new tower applications and that would apply to affixing
antennas to existing structures as well. Director Adcock asked the relationship between
this moratorium and the proposal by Mr. Olan Asbury about two years ago. Mayor
Dailey responded that he requested that Mr. Asbury be present to answer questions. Mr.
Asbury's company, MetroSite Management (telecommunications consultants), represents
cities and counties providing wireless site identification, site marketing and site
management services. Mayor Dailey was concerned because he felt the City was not
moving as fast as it should to eliminate the proliferation of towers by developing and
negotiating leases for wireless communications facilities. Mr. Carpenter stated a policy
question for the Board is whether or not the money received by Little Rock Municipal
Water Works for use of its property for these communications facilities should go into the
City's General Fund or to Little Rock Water Works. In response to a question by Director
Keck, Mr. Jim Lawson, Director of Planning and Development, said there are only two or
three tower applications pending at this time, which would be exempt from the
moratorium. Attorney Mark Stodola, representing Southwestern Bell Wireless,
expressed appreciation that the moratorium is brief and stated the willingness of
Southwestern Bell to work with the City on this issue. Following the reading of the
Resolution by City Clerk Robbie Hancock, Director Adcock moved for its adoption. The
motion was seconded by Director Cazort and the Resolution was unanimously adopted
by the Board Members present.
(Director Wyrick re- enrolled at 4:30 o'clock P.M. City Attorney Tom
Carpenter said her participation in discussion of the contract for tower siting would not be
a conflict of interest because it is a city -wide issue and will be open to all.)
Mr. Olan Asbury, Managing Director of MetroSite Management, LLC, stated
that his company has been endorsed by the Arkansas Municipal League, and represents
150 municipalities in four states in developing a process for completing leases for
wireless communications facilities sites. His company also markets and manages these
sites. (Director Wilson enrolled at 4:35 o'clock P.M.) Mr. Carpenter said a bidding
process for these services would be necessary. Attorney Mark Stodola pointed out that
largely the location of towers or antenna on top of existing structures is dictated by either
capacity or coverage and those properties might be owned by the City or by private
individuals.
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September 9, 1997
There being no further business to be presented, the Board of Directors adjourned
at 4:37 o'clock P.M.
ATTEST:
�" d,
City Clerk Robbie Hancock
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APPROVED:
ayor Jim Dailey
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