City Council

Cabot City Council Agenda Meeting Cabot City Annex – Council Chambers January 7, 2019 @ 6:30 p.m. Call to Order Public Works – Ed Long 1. Proposed Small Cell Ordinance Ed Long 2. Public Works Community Input Budget & Personnel – Doug Warner 1. Reappoint Clint McGue to the Cabot Housing Authority Doug Warner 2. 2019 City of Cabot Operating Budget Mayor Kencade 3. Amend Ord. 1 of 17 – Committee Structure Doug Warner 4. Amend Ord. 6 of 17 – Community & Economic Doug Warner Development Fund 5. January City Council Meeting Discussion Doug Warner 6. Budget & Personnel Community Input Police & Fire 1. Monthly Reports – Fire Department Chief Robinson (See Last Months Council Packet) 2. Monthly Reports – Police Department Chief Davis (See Last Months Council Packet) 3. Police & Fire Community Input Community Development – Kevin Davis 1. Community Development Input General Community Input Adjournment This Page left Blank Public Works This Page left Blank  ORDINANCE NO. ___ OF 2019 AN ORDINANCE ESTABLISHING STANDARDS FOR SMALL WIRELESS FACILITIES WITHIN THE CITY OF CABOT, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES WHEREAS, the City of Cabot, Arkansas (“City”) desires to encourage wireless infrastructure investment by providing a fair and predictable process for the deployment of small wireless facilities, while enabling the City to promote the management of the rights-of-way in the overall interests of the public health, safety and welfare; and WHEREAS, the City recognizes that small wireless facilities are critical to delivering wireless access to advanced technology, broadband and 9-1-1 services to homes, businesses, schools within the City; and WHEREAS, the City recognizes that small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, often may desire deployment opportunities within the public rights-of-way; and, WHEREAS, the City intends to fully comply with state and federal law to the extent it preempts local municipal control. WHEREAS, the following regulations shall govern small wireless facilities, which are permissible all zones within the City. All other facilities shall be reviewed as wireless facilities as provided for in the Code of Cabot. Unified Development Code, Section 4.9.6. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CABOT, ARKANSAS, THAT: SECTION 1: Purpose and Scope 1. Purpose: The purpose of this Section is to provide policies and procedures for the placement of small wireless facilities, which will provide a public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city. 2. Intent. In enacting this Chapter, the City is establishing uniform standards to address issues presented by small wireless facilities, including without limitation: a. Health, safety, and welfare of citizens; b. Limit interference with the use of streets, sidewalks, alleys, parkways, public utilities, public views, certain city corridors, and other public ways and places; c. Limit the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;  d. Limit interference with the facilities and operations of facilities lawfully located in rights-of-way or public property; e. Limit environmental damage, including damage to trees; f. Respect the character of the neighborhoods in which facilities are installed by minimization of visual clutter and preservation of the character and aesthetics of areas in close proximity to small wireless communication facilities; g. Facilitate the city's permitting process to encourage fair and meaningful competition; h. Encourage collocation of antenna on existing facilities; and i. Facilitate deployment of small cell facilities to provide the benefits of advanced wireless services to all citizens and organizations throughout the city. 3. Zoning. Applications to collocate a small wireless facility or install or modify an associated utility pole in the rights-of-way shall be treated as a permitted use in all districts within the City, but are not exempt from local zoning regulations and review. All wireless facilities not meeting the definition of a small wireless facility shall be subject to applicable zoning requirements. 4. Conflicts with Other Chapters. This Chapter supersedes all Chapters or parts of Chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict. 5. Conflicts with State and Federal Laws. In the event that applicable federal or State laws or regulations conflict with the requirements of this Chapter, the wireless provider shall comply with the requirements of this Chapter to the maximum extent possible without violating federal or State laws or regulations. SECTION 2: Definitions 1. Antenna. Communication equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless service or any commingled information services. 2. City Owned Pole. (i) a utility pole owned by the City in the rights-of-way, including a City utility pole that provides lighting or traffic control functions, or other law enforcement functions, including but not limited to light poles, traffic signals, and structures for signage, and (ii) a pole or similar structure owned or operated by the City in the ROW that supports only wireless facilities. 3. Collocate. To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. “Collocation,” has a corresponding meaning. Collocation is defined as placing an antenna on any existing structure, regardless of whether that structure already has wireless equipment on it, or whether it has been zoned for placing that equipment.  4. Day. Calendar day unless there is a time frame for the City to respond to a request and the last day to respond ends on a weekend, holiday, or time when all but City emergency services are closed due to weather or some unforeseen situation. 5. Rights-of-Way or “ROW”. Area on, below, or above a roadway, highway, street, sidewalk, alley, but not including a federal interstate highway, in the city. Such areas are formally owned by the city or used as prescriptive easements. 6. Small Wireless Facility. Small wireless facilities are defined as including an antenna of no more than three (3) cubic feet and equipment totaling no more than twenty- eight (28) cubic feet, placed on a structure that is either no more than fifty (50) feet in height, no more than ten percent (10%) taller than adjacent structures, or no more than ten percent (10%) taller than the structure’s preexisting height after the new antenna is placed. 7. Smart Pole. A Smart Pole is a pole type structure designed primarily for lighting while at the same time taking cognizance of the requirements of other functions. Other functions shall also be built into- or potentially integrated into the smart pole in an aesthetic manner without affecting over all functionality. Other possible functions may include, but are not limited to: street signage, decorative banners, mobile broadband infrastructure, Wi-Fi hotspot services, electronic vehicle charging, etc. 8. Structure. A Structure means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services). 9. Utility Pole. A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control signage, or a similar function regardless of ownership. Such term shall not include structures supporting only Wireless Facilities. 10. Wireless Facility. Equipment at a fixed location that enables wireless communications between user equipment and a communication network, including: (i) equipment associated with wireless communications; (ii) radio transceivers, Antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The terms include Small Wireless Facilities. The term does not include the structure or improvements on, under, or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or utility poles or coaxial or fiber optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna. 11. Wireless Services. Any services, whether at a fixed location or mobile, provided it is using Wireless Facilities. 12. Wireless Services Provider. A Person who provides Wireless Services or who builds wireless support structures or installs small wireless facilities. “Wireless Support Structure” means a freestanding structure, such as: a monopole; tower, either guyed, or self- supporting as determined by the City; billboard; or, other existing or pro-posed structure designed to support or capable of supporting Wireless Facilities. Such term shall not include a utility pole. 13. Wireless Support Structure. A freestanding structure, such as: a monopole; tower, either guyed, or self-supporting as determined by the City; billboard; or, other existing or proposed structure designed to support or capable of supporting Wireless Facilities. Such term shall not include a utility pole. SECTION 3: Permitted Use; Location and Design Standards 1. Location: While small cells facilities are permitted uses within all zoning districts within the city, deployment of small cell facilities within the City is subject to the standards within this ordinance. 2. Equipment Enclosures: If the support structure is a pole, all radios and wireless communication equipment, except the antenna, shall be enclosed within an equipment cabinet and housed: at the base of the support structure, pole mounted (at a height and placement that will not interfere with pedestrian, cyclist, or vehicular movements), or below grade. 3. Where underground utilities are required by the provisions of this Code or other City adopted regulations or codes, ancillary equipment related to the small wireless facility shall be placed in an underground vault to the greatest extent possible. 4. Signage: The provisions of Section 4.14 regarding signage shall apply to all small wireless facilities. 5. Illumination: A small wireless facility shall not have lights on the facility unless the lights are required by other laws and consistent with the requirements of law or designed as an intended amenity of the support structure. 6. Fencing: A small wireless facility shall not be fenced. 7. Design: A small wireless facility shall be installed using the following design approaches to the greatest extent practicable including without limitation the following: 8. For location on newly proposed Structures, the following options are available; • New poles installed to support small wireless facilities shall be made of the same or similar material as existing poles in the  immediate area. • In an area where other above ground utilities are present, the deployment of a new small cell facility must be located on the same side of the street which the existing above ground utilities are located and a similar style utility pole (as those utilized by existing above ground utilities) may be utilized. • In an area where no above ground utilities exist, an explanation as to why collocation or use of an existing structure is not technically feasible is required. This shall apply to the location of all pole attached utilities and shall include demonstration of a reasonable attempt to collocate or utilize an existing structure. • Smart poles (able to accommodate either single or multiple carriers) • Smart poles with streetlights compatible with the look and feel of the aesthetics of the area. 9. For location on existing Pole Structures; • Stealth pole antennas and mounts (completely encased or screened antennas to approximately match the color of the existing poles), • Stealth base cabinet enclosures (completely encases base cabinet equipment to match the colors of the existing poles to the extent feasible). Base cabinet may be placed in any location on the lower portion of the pole, but may not impede ADA accessibility of a sidewalk. The base cabinet may also be placed underground. 10. For location on existing Building Structures; • New steeple, extension to existing steeple, and replacement steeple concealment structures, • Chimney concealment structures, • Chimney pot concealment structures, • Rooftop façade extension concealment, • Rooftop cupola concealment, • Rooftop screen concealment, • Roof top pod concealment systems, • Building side grid concealment structures, • Building side screen concealment structures, • Rooftop or wall mounted lantern concealment structures. 11. Antenna arrays, cables, and other ancillary facilities used for providing the wireless service shall not be obtrusive or noticeably visible from adjacent properties or adjacent rights-of-way;  a. The color of the facility shall be compatible with that of the non-tower support structure. To the extent any small wireless facilities extend above the height of the vegetation buildings and utilities immediately surrounding it, they shall be painted in a non-reflective light gray, light blue, or other hue, which blends with the skyline and horizon; b. Attachments which are ancillary to the antenna arrays mounted onto a non- tower support structure shall not project greater than three feet (3'), as measured horizontally, from the surface of the non-tower support structure and shall be painted or screened with materials that are a compatible color to the non-tower support structure. Cables shall travel along the exterior of a non-tower support structure shall be closely connected to the structure creating a minimal appearance of gaps or loose wires. When possible, visible cables should be in conduit or otherwise covered in a material visually compatible in color to the support structure; and c. The general design of a small wireless facility shall be compatible to the streetscape and aesthetics of the surrounding area with respect to street furniture and lights, building façade designs, and area character. d. Other design elements which by industry standards are considered stealth technology deployment may also be used. e. In all areas zoned C-1, stealth concealment is required without exception. f. Stealth technologies for the Main Street Streetscaping project area of the City that are within the ROW should be consistent and complementary to the streetscape improvements for the Main Street/Highway 89- N 2nd St to W. Locust Street, Improvements contained in the construction plans for AHTD (ARDOT) Job 061320 (Main Street Streetscaping Project) standards. g. Facilities not deploying the items described in paragraph a-j above shall be considered non-stealth. 12. Height a. Small wireless facilities: (i) are mounted on structures 50 feet or less in height including their antennas, or (ii) are mounted on structures no more than 10 percent taller than other adjacent structures, or (iii) (iii) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; 13. Use of Right-of-Way  a. The owner of the small wireless facility shall fully indemnify the city and hold it harmless from any liability of legal action resulting from the installation, operation, or removal of a small wireless facility. b. A permit from the city shall not create a property right or grant any authority to the owner of the small wireless facility to impinge upon the rights of others who may already have an interest in the right-of-way. c. All deployments and installations of equipment must adhere to Chapter 3, 3.1 The Clear Zone Concept, Table 3-1 of the 2011 AASHTO Roadside Design Guide. SECTION 4: Application, Review Process, and Fees. 1. A permit is required for the placement and construction of a small wireless facility. Approval of a permit shall require an application. 2. The small wireless facility permit application shall be made by the wireless provider, or an authorized agent. A permit application shall contain the following: a. The Applicant’s name, address, telephone number and e-mail address; b. The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the Applicant with respect to the filing of the Application; c. A general description of the proposed work and the purposes and intent of the small wireless facility. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters, including but not limited to sub-surface utilities, likely to be affected or impacted by the work proposed; d. Authorization for any consultant acting on behalf of the Applicant to speak with the city, or a designee of the city; e. Verification from an appropriate professional that the small wireless facility shall comply with all applicable codes. f. Drawings and descriptions of the proposed facilities, non-tower support structures, and ancillary equipment; g. Maps with the specific locations; h. Geographic coordinates of the locations; i. If the proposed location is a new pole, an explanation as to why collocation or use of an existing structure is not technically feasible. This shall apply to the location of all pole attached utilities and shall include demonstration of a reasonable attempt to collocate or use an existing structure. j. If the applicant proposes to collocate or occupy and existing structure not owned by the applicant, a letter of agreement for use between the owner of the facility and non-tower support structure;  k. A description and substantiation of any requests for exceptions from the requirements of this Section. 3. The city may require the applicant to file a separate application for any small wireless facility that is not of a substantially similar design to the others included in the application. 4. An applicant shall provide proof of compliance with state and federal laws upon request. 5. Routine Maintenance and Replacement. An application shall not be required for: a. routine maintenance that does not expand the size or height of the small wireless facility; and, b. the replacement of a small wireless facility with another small wireless facility that is substantially similar or smaller in size, weight, and height; c. Provided, however, on a location where the City or another provider has placed equipment or facilities, any routine maintenance or replacement that is done shall not occur until written notice of an intent to proceed is provided to the City. 6. Review Procedure: The Administrative Official shall review the application for compliance with these and other regulations. Review and approval shall be in accordance with timeframes established by federal law/policy and the following: a. Within ten (10) days of receiving an application, the Administrative Official shall determine and notify the applicant in writing: • Whether the application is complete; • If the application is incomplete, what specific information is missing; b. If the application is incomplete, the applicant shall be allowed to resubmit the amended application without penalty or payment of any additional application fees, provided that resubmission occurs within thirty (30) days of notification. c. The time frame for reviewing shall commence when the application is determined to be complete. d. Once the application is determined to be complete, the Administrative Official shall review the application and If the application meets the requirements and standards set forth in this section the application shall be granted and a permit issued. e. If he applicant is requesting an exception to any requirement, the standard of review shall be to determine if the exception is warranted due to an easily identifiable site‐specific  hardship or a technological challenge, and more specifically if the excepte d requirement: • Not necessary or desirable for the protection of the surrounding property, public health, public safety, or general welfare; or • Unreasonable as applied to the particular application. f. An exception to a height requirement of a small wireless facility shall not allow more than an additional ten (10) feet to the underlying height requirement (except as allowed by Federal regulation), and shall only be granted if the additional height is necessary for improved functionality or safety. 7. The Administrative Official may approve some or all of the requested exception, and advise the applicant in writing of the extent of approval and/or reasons for denial. 8. If the applicant believes the decision of the Administrative Official to be in error, an appeal may be made to the Cabot Board of Adjustment. 9. If the applicant accepts the decision of the Administrative Official the application shall proceed with review and approval/denial. 10. The Administrative Official shall have the authority to defer an exception request to the Cabot Planning Commission. The Planning Commission shall act upon the request in a timely manner. If the decision of the Planning Commission is in the affirmative, the permit shall be approved, provided all other review requirements are met. If not, the application shall be referred to the Administrative Official for continued review. 11. If the Planning Commission denies any or all of the requested exception, the applicant may appeal the decision to the City Council. The appeal must be submitted in writing to the City Clerk within thirty (30) business days of the Planning Commission action. The appeal must state why the applicant believes Planning Commission decision to be in error. The decision of the Council shall be final, provided it is in accord with state or federal law. 12. The Administrative Official shall notify the applicant in writing of its final decision: a. Within sixty (60) days of receiving an application for the collocation of a small wireless facility; using an existing structure, and b. Within ninety (90) days for an application to collocate a small wireless facility on a new structure. These timelines may be tolled only by mutual agreement between the applicant and the City;  c. If the application is approved, a permit shall be issued; 13. If the application is denied, the Administrative Official shall specify, in writing, the basis for denial, citing specific code provisions from federal, state, or local law as to why the application was denied. 14. Notwithstanding the initial denial, the applicant may cure any deficiencies identified by the Administrative Official within thirty (30) days of the denial without paying an additional application fee, provided the Administrative Official shall approve or deny the revised application within thirty (30) days of receipt of the amended application which shall be limited to the deficiencies specified in the original notice of denial. 15. If after commencement of construction but before construction is complete for an approved permit, circumstances unforeseen at the time of approval arise which make continued construction unsafe or impracticable, the applicant may request an amendment to the application or plan by filing a request to amend the approved application. The applicant shall cease work, and the procedure for the amendment request shall proceed in the same manner as if it were a new application under this section. There is no application fee for an amendment request. A. Prohibitions and Work Requirements: The owner of the small wireless facility shall promptly: • Remove all graffiti on the facility at his or her expense; • Repair or replace any damaged equipment. 1. Facilities located in the public right-of-way shall not visually obstruct traffic signals or signage and shall be maintained in a manner that does not interfere with public safety equipment. 2. The owner shall employ due care during the installation, maintenance or any other work in the ROW, and shall comply with all safety and Public ROW protection requirements of all applicable local, state, and federal laws. The owner shall restore, repair and/or replace any portion of the public improvements in the ROW that are damaged or disturbed by the owner’s work or small wireless facilities. 3. Unless otherwise specified in the permit, the owner shall erect a barrier around the perimeter of any excavation and provide appropriate traffic control devices, signs and lights to protect, warn and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic control plan in accordance with the Uniform Manual of Traffic Control Devices. The owner shall maintain all barriers and other traffic control and safety devices related to an open excavation until the excavation is restored to a safe condition or as otherwise directed by the city. 4. If use of the right-of-way on which the small facility is located is necessary for a construction or improvement project undertaken by the City of Cabot or one of its’ commissions, the small facility shall be relocated. The owner of the small facility shall bear the full expense of any necessary relocation.  5. A small wireless facility shall not interfere with City and public safety communication systems or area television or radio broadcast. 6. A guy wire or other support wire shall not be used in connection with an antenna, antenna array, or a non-tower support structure except when used to anchor the antenna, antenna array, or non-tower support structure to an existing building or ground to which such antenna, antenna array, or non-tower support structure is attached. 7. The owner of a small wireless facility that is not in service or use for more than six (6) months shall disassemble and remove the facility. B. Application Fee: 1. For a small wireless facility employing stealth technology: One hundred dollars ($100.00). Additionally, a fifty dollar ($50) annual maintenance and renewal fee required by January 31st of the following calendar year for all facilities within the public right of way. 2. For a small wireless facility not employing stealth technology in public right-of-way: One hundred dollars ($100.00). Additionally, a fifty dollar ($50) annual maintenance and renewal fee required by January 31st of the following calendar year. 3. If the application is for multiple facilities, one hundred dollars ($100.00) for each additional facility. An annual maintenance and renewal fee of fifty dollars ($50) shall be required for each small wireless facility. SPONSOR: PASSED: DATE: APPROVED: _____________________________ Ed Long, Ward 1, Position 1 Ken Kincade, Mayor APPROVED AS TO FORM: ATTEST: ________________________________ _____________________________ Jim Taylor, City Attorney Tammy Yocom, City Clerk~Treasurer Appendix of example stealth treatments of small wireless facilities: Examples of stealth building attachments. Photos from stealthconcealment.com Examples of smart poles and stealth pole attachments for small wireless facilities. Photos from stealthconcealment.com This Page left Blank  Budget & Personnel  RESOLUTION NO. __ of 2019 A RESOLUTION TO REAPPOINT CLINTON D. MCGUE TO THE CABOT HOUSING AUTHORITY; AND FOR OTHER PURPOSES WHEREAS, Clinton D. McGue’s term on the Cabot Housing Authority expired on December 31, 2018 and he desires to serve another five (5) year term; and WHEREAS, Clinton D. McGue is a capable and qualified citizen of Lonoke County, Arkansas that has been nominated by the Cabot Housing Authority Board of Directors to be re- appointed to serve on the board for another five (5) year term. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CABOT, ARKANSAS, THAT: SECTION 1: Clinton D. McGue is hereby reappointed to the Cabot Housing Authority to serve another five (5) year term that will expire December 31, 2023. SECTION 2: This resolution shall be in full force and effect from and after the date of its passage. SPONSOR: PASSED: Ken Kincade, Mayor DATE: APPROVED: _____________________________ Ken Kincade, Mayor APPROVED AS TO FORM: ATTEST: ________________________________ _____________________________ Jim Taylor, City Attorney Tammy Yocom, City Clerk~Treasurer This Page left Blank 98  ORDINANCE NO. _ OF 2019 AN ORDINANCE TO AMEND ORDINANCE 6 OF 2017 TO CONTINUE TO DESIGNATE ALL BUSINESS LICENSE FEES, THAT THE CITY OF CABOT COLLECTS OR IS OWED, TO THE COMMUNITY & ECONOMIC DEVELOPMENT FUND FOR THE PURPOSES OF COMMUNITY AND ECONOMIC DEVELOPMENT; AND DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES WHEREAS, Ordinance No. 6 of 2017, established a special revenue fund, now titled, Community & Economic Development Fund to have funding available for community and economic development; and, WHEREAS, Ordinance No. 6 of 2017, directed all funds collected from business license fees to a separate account, now titled, Community & Economic Development Fund; and, WHEREAS, Ordinance No. 6 of 2017, stated that no monies shall be eligible for withdrawal from now titled, Community & Economic Development Fund, until the end of first quarter in 2019; and, WHEREAS, as the end of the first quarter is in the very near future, this governing body wants to continue to direct all funds collected from business license fees to the Community & Economic Development Fund until directed otherwise by future legislation. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CABOT, ARKANSAS, THAT: SECTION 1: All business license fees collected by the City of Cabot, Arkansas shall continue to be directed Community & Economic Development Fund until directed otherwise by future legislation. SECTION 2: SEVERABILITY. If, for any reason, any portion or portions of this ordinance shall be held invalid, such invalidity shall in no way affect the remaining portions thereof which are valid, but such valid portions shall be and remain in full force and effect. SECTION 3: REPEAL. Any and all Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of the conflict only. SECTION 4: EMERGENCY. Whereas economic growth and development of the community is extremely important to the citizens of the City of Cabot and the City of Cabot does not currently have any funds set aside for economic growth and development. An economic growth and development fund is necessary to encourage new businesses and subsequently more jobs for the citizens of City of Cabot, as well as the expansion of the revenue base of the City of Cabot; and, therefore, an Emergency is hereby declared to exist and this ordinance being necessary for the immediate protection of the public peace, health and safety shall take effect immediately on its passage and approval. SPONSOR: PASSED: DATE: APPROVED: _____________________________ Doug Warner, Ward 2, Position 1 Ken Kincade, Mayor APPROVED AS TO FORM: ATTEST: ________________________________ _____________________________ Jim Taylor, City Attorney Tammy Yocom, City Clerk~Treasurer Sec. 2-22. - Time of filing ordinances, resolutions, contracts and other matters; form. (a) Deadlines. The purpose of this section to set forth deadlines to ensure the timely filing of ordinances, resolutions, contracts and other matters; form thereof. The city council shall only consider proposed ordinances, resolutions, or other items of legislation that are filed with the city attorney's office prior to 4:30 p.m. on Friday, two weeks prior to the regular city council meeting. The city attorney's office should file all legislation with the city clerk prior to 4:30 p.m. on Tuesday of the week prior to regular city council meeting. Proposed ordinances, resolutions, or other items of legislation filed after the deadline will not be considered until the next month's meeting. Any requestor that feels that there is an emergency may contact the mayor, city attorney, or chair person of the committee to which the proposed ordinance, resolution, or other item of legislation may be assigned and request that the proposed ordinance, resolution, or other item of legislation be considered at the next meeting of the city council. In such cases where the deadline falls on a holiday, the filing date shall then be 24 hours subsequent to that time. If the mayor, city attorney, and committee chair person unanimously agree, then the item will be considered by the city council on an emergency basis. (b) City council committees. The purpose of this section is to establish a procedure for implementation of a committee system within the city council. The city attorney's office will assign the proposed ordinances, resolutions, or other items to one of the four committees. The City Council shall, no later than the first agenda meeting of each year, select five of its members to each standing committee. No member of the city council shall serve on more than three standing committees. Each committee shall elect its respective chairperson and vice-chairperson. No member shall serve as chairperson of more than one committee. A committee chairperson may serve as vice-chairperson of one other committee. The standing committees are as follows: Fire and Police Committee. Budget and Personnel Committee. Municipal Services Committee. Community Development Committee. In the absence of any other agreement or procedure from the city council to construct the standing committees, each city council member shall list in order of preference, the committees they want to serve on. In cases where individual preferences leave (a) committee(s) over/under manned, the senior council member will be offered first preference of committee(s). If seniority is equal, a coin flip will be conducted to decide. Should a city council position become vacant, and later filled by any means, the new city council member will assume the committee position of the council member replaced. If that city council member was a chairperson or vice-chairperson of a committee, the respective committee will decide who will fill the respective chairperson/vice-chairperson duties. If the vacant city council position is not filled, any council member that is not on three committees, may be assigned to the shorthanded committee(s). Each committee shall meet as often as the members thereof think necessary for action and consideration of proposed ordinances, resolutions, and other items referred to it. Each committee shall act upon and give consideration to proposed ordinance, resolution, or other items, voting thereon, reporting to the full city council its recommendations. (Code 1992, § 30.03(A); Ord. No. 3-2007, § 1, 1-15-2007; Ord. No. 1-2015, § 1, 1-19-2015; Ord. No. 1-2017 , §§ 1, 2, 1-2-2017) State Law reference— Procedure for adoption of ordinances, A.C.A. § 14-55-201 et seq.