02 JAN 03.docCITY 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)
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.
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 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 the National League of Cities meeting in Washington DC March 8th – 12th need to contact Bertha Tipton regarding
registration. He encouraged early registration.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7:19 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer