02 JAN 03.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 3, 2002
7:00 P.M. – 7:19 P.M.
REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on January 3, 2002 at the regular meeting place of the Council.
Alderman Fletcher delivered the invocation and Mayor Swaim led a standing
audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Fletcher, Stroud,
Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL
declaring a quorum. Alderman Lewis arrived at approximately 7:06 p.m.
PRESENT nine (9), ABSENT (1). Mayor Swaim related that Alderman Wilson’s
father has passed, saying that a strong supporter of the community has been
lost. He announced that the funeral arrangements are for 2:00 p.m. at the
Methodist Church on Saturday. He reminded everyone to remember the Zumwalt
family in their recent loss.
Others present for the meeting were: City Attorney Robert E. Bamburg,
Deputy City Clerk Teresa Carter, Director of Administration Murice Green,
Human Resource Director Charlie Brown, City Engineer Jay Whisker,
Director of Public Works Jimmy Oakley, Purchasing Agent C.J. Brown, CDBG
Director Theresa Watson, Interim Chief Ken Bouillon, Police Captain
Baker, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs,
Parks Assistant Administrator Patty Walker, Planning Commission Chairman
Art Brannen, Mrs. Judy Swaim, Mr. Willie Smith, interested citizens and
members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of
December 20, 2001 for approval and/or correction at the next Regular City
Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Ray that the minutes of the
Regular City Council Meeting of 6 December 2001 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA:
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
SANITATION DEPARTMENT:
STREET DEPARTMENT:
PLANNING COMMISSION:
GENERAL: a. ORDINANCE 1167 (#21-01)
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AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 9.12; PROHIBITING THE
UNQUALIFIED DISCHARGE OF WEAPONS WITHIN THE CORPORATE CITY LIMITS OF THE
CITY OF JACKSONVILLE; ASSESSMENT OF A PENALTY FOR VIOLATION OF THE TERMS
OF THIS ORDINANCE; AND, FOR OTHER PURPOSES.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 3, 2002
7:00 P.M. – 7:19 P.M.
Alderman Fletcher related that in recognizing that bows are used in sport
outside of hunting the ordinance has been modified from placing a total
ban on bows to allow for clubs and businesses to continue bow practice.
He stated that as a weapon bows can be dangerous and should not be
discharged in the City limits without certain parameters, guidance, and
supervision.
Alderman Fletcher moved, seconded by Alderman Stroud that Ordinance 1167
be placed on FIRST READING.
Alderman Sansing stated that Jacksonville Municipal Code 9.12 addresses
the discharge of weapons in the City limits, but does not specifically
mention bows. He added that Chapter 6.12 (Wildlife Protection) of the
Jacksonville Municipal Code would prevent bows from being used in the
City limits for hunting purposes.
Discussion ensued as to the incident involving a house struck by an arrow
and the possibility of it being a hunting mishap.
Alderman Sansing stated that given the current ordinance against hunting
inside the City limits, he did not feel passing a new ordinance would
prevent illegal hunting any more than the current one. He mentioned
other areas in the Jacksonville Municipal Code regarding provisions for
fireworks, saying that common sense is going to prevail.
Alderman Fletcher stated that there is no difference in the severity of
damage an arrow can produce either in hunting or target practice. He
related that the proposed ordinance only adds bows to the existing
ordinance, saying that the bow and arrow is a weapon and should be
considered dangerous. He then stated that if common sense were to
prevail, the City would not need any ordinances.
Alderman Elliott stated that he did not feel a need for the proposed
ordinance, saying that it would penalize law-abiding citizens who
exercise safety. He stated that anyone who hunts illegally would
continue regardless, adding that the existing ordinance covers hunting in
the City limits.
Alderman Fletcher pointed out the lack of adopted Code authorizing Police
to address bow and arrow use in the City limits. He went on to say that
he feels leadership in the community involves projecting foresight.
Alderman Elliott expressed concern for over reacting to what is not
deemed a problem and penalizing others.
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Discussion ensued regarding problems with basketball goals on
thoroughfare streets and penalizing residents living in culdesac areas.
The difference regarding private property and City streets was mentioned
along with the issue of corporate City limits.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 3, 2002
7:00 P.M. – 7:19 P.M.
Alderman Sansing stated that there are homes within the City limits that
have large open areas where bows can be practiced safely using common
sense, adding that the ordinance would make that practice illegal.
Alderman Fletcher pointed out that if a uniformed level of common sense
existed the City would not have passed the private property clean-up
ordinance last summer.
Alderman Howard stated that he had received calls from citizens who have
safe target practice areas setup in their yard, adding that he agrees the
ordinance would penalize them.
City Attorney Bamburg clarified that Section one, Paragraph b allows
target practice for a qualified area in a location designed for the safe
and protected discharge of weapons to occur.
Discussion ensued and City Attorney Bamburg related there are Federal
provisions under the Alcohol, Tobacco, and Firearms Agency that regulate
the requirements of target practice areas. He then responded that in
checking with other surrounding municipalities, most have not addressed
specifically the issue of bows.
Alderman Sansing questioned if an individual practicing on his own
private property would be subject to the regulations or an ATF
certification process.
City Attorney Bamburg related that he was unsure to the extent of ATF
regulations, adding that he is aware that there are regulations that
provide for the nature of constitutes a safe area. He offered that the
information, if the ordinance were adopted, would allow the Police
Department enforcement.
Discussion ensued and City Attorney Bamburg further clarified that the
ordinance would allow bow use for a particular area if the appropriate
regulations are followed to make the area safe.
Alderman Fletcher called for question to the motion.
ROLL CALL: Aldermen Fletcher voted AYE. Aldermen Elliott, Smith, Lewis,
Sansing, Ray, Stroud, Twitty, and Howard voted NAY. MOTION TO READ
ORDINANCE 1167 FAILED.
b. Ward Map Redistricting
Mayor Swaim related that following a census; cities are required to meet
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certain jurisdictional systems criteria. He stated that City of
Jacksonville uses the Metroplan Planning Organization to map out those
guidelines, expressing that the specific importance is an even balance in
voters throughout the ward system of the City. He pointed out that the
tolerance range is between 6,282 and 5,684, saying that each ward now
meets that criterion. He pointed out a map presented to Council
depicting the new and old ward map districts.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 3, 2002
7:00 P.M. – 7:19 P.M.
In response to a question posed by Alderman Sansing, Mayor Swaim related
that of the five other alternatives considered, the alternative 6 map
presented the best balance of voters. He clarified that following the
2000 census, all wards needed to be brought into compliance. He pointed
out that three wards averaged too high and two were below. He clarified
that compliance strictly addresses the change in the population.
Alderman Smith moved, seconded by Alderman Howard to approve Alternative
6 for formal adoption at the January 17, 2002 City Council meeting.
MOTION CARRIED.
c. RESOLUTION 556 (#01-02)
A RESOLUTION AUTHORIZING AND ENDORSING CONSTRUCTION OF A SIDEWALK ON AND
THROUGH CITY PROPERTY; AND, FOR OTHER PURPOSES.
Mayor Swaim explained that for the benefit of the Department of Defense
LRAFB the Resolution authorizes the construction of a sidewalk on City
owned property.
Alderman Stroud moved, seconded by Alderman Ray to read Resolution 556.
MOTION CARRIED. Whereupon City Attorney Bamburg read the title of
Resolution 556.
Mayor Swaim referred to the map provided to Council, saying that it
involves the sidewalk being constructed from Dupree Park to the
Recreation Center and City Hall. He stated that the sidewalk is proposed
to be located on the property adjacent to the railroad.
City Attorney Bamburg related that the Resolution is a technical
housekeeping measure, explaining that the current easement provides for
the railroad, but does not address use for a sidewalk.
Alderman Ray moved, seconded by Alderman Elliott to approve Resolution
556. MOTION CARRIED.
ANNOUNCEMENTS: Mayor Swaim asked that Council members planning to attend
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the National League of Cities meeting in Washington DC March 8 – 12
need to contact Bertha Tipton regarding registration. He encouraged
early registration.
ADJOURNMENT:
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Mayor Swaim without objection adjourned the meeting at approximately 7:19
p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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