Anniston City Council - Informal - 8/14/12

DISCUSSION AGENDA August 14, 2012 4:00 p.m.

1. Cost Abatement Hearing Alan Atkinson will discuss with council the Cost Abatements of grass lots groups 5 – 9.

2. Resolution regarding motorize vehicles on bike trail Discussion of resolution/ordinance to not allow motorized vehicles on bike trail.

3. Memorandum of Agreement Discussion of Memorandum of Agreement between The Anniston Munitions Center and The Anniston Regional Airport.

4. Alabama Industrial Access Road and Bridge Program Discussion of a resolution authorizing the submission of a grant application for financial assistance under The Alabama Industrial Access Road and Bridge Program.

5. Tax Abatement Request Representative from Interstate Steel Company will discuss their request for a tax abatement for the expansion of plant.

6. CDBG Resolutions Development Solutions will discuss three resolutions for CDBG. a. Resolution implementing that component of the Anniston Calhoun County HOME Consortium First Year Action Plans. b. Resolution authorizing the City Manager of Anniston, Alabama to enter into a Agreement on behalf of the Anniston Calhoun County HOME Consortium with The Habitat of Humanity for Calhoun County, Alabama. c. Resolution authorizing the City Manager of Anniston, Alabama to enter into a Agreement on behalf of the Anniston Calhoun County HOME Consortium with Northeast Alabama Community Development Corporation.

7. Claim from Ronald Clark Discussion of a claim from Ronald Clark that the windshield of his vehicle was broken from a rock that was thrown from a weed eater by city workers.

8. 2nd Chance, Inc., funding 2nd Chance, Inc., is requesting the dollars obligated to NACC from the City’s “Outside Agencies” budget for FY 2012 be redirected to 2nd Chance in the amount of $5,625.

9. Community Action Agency Discussion of a motion to authorize the City Manager and the City Grant Writer to take appropriate steps to bring the Community Action Agency to Anniston if the opportunity arises.

10. Hire outside investigator Discussion to hire outside investigator to investigate the alleged inappropriate actions of department head and staff on misuse of city equipment, employees and taking city property for personal gain.

11. 8th Street Median Rodney Clark will discuss with Council the 8th Street median and to ask the City Manager to research who owns the property.

12. Oak Street Discussion of reversing the one-way of Oak Street.

13. Small Claims suit with Anniston Star Discussion with Staff and City Attorney regarding the small claims suit with the Anniston Star.

14. Sidewalks in Golden Springs Discussion of the sidewalks in Golden Springs.

15. Calming Devices Discussion of calming devices.

16. Section 11-43-12 Code of Alabama Discussion of Section 11-43-12 Code of Alabama and if it is legal to dispense public funds.

ITEM 1

ITEM 2

RESOLUTION NO. 12-R-___ A RESOLUTION ESTABLISHING REGULATIONS GOVERNING CONDUCT ON FOREVER WILD LANDS COLDWATER MOUNTAIN BIKE TRAIL WHEREAS, the City of Anniston wants to ensure that safety, access and prescribed recreational opportunities are protected and utilized for the public and benefit; WHEREAS, the City of Anniston is proactively engaged to see the current and future development of the Coldwater Mountain Bike Trail is the catalyst for its recreation, connection to the city and its bicycle/pedestrian networks and the core of ecotourism and downtown revitalization; WHEREAS, regulation of certain conduct on lands under the State Lands Division Jurisdiction, as defined in 220-4-.15-.194ER and statutory authority, 9-2-12, Code of Alabama 1975, are protected and governed by policy. Except as otherwise authorized in writing by the Director of the State Lands Division, it shall be unlawful on any state owned lands under the jurisdiction of the State Lands division to: (a) For any unauthorized person at any time to operate a motor scooter, ATV, motorcycle, motorized trail bike, or any motor driven vehicle upon the designated system of the Coldwater Mountain Bike Trail, (b) State Lands Division will prepare and post signage designating the trail network area, (c) A fine of $500 and impoundment of the unauthorized vehicle will be enforced by the City of Anniston Police Department in conjunction with the State Lands Division.

PASSED AND ADOPTED this the ___ day of _____________, 2012.

CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Council Member ATTEST:

Alan B. Atkinson, City Clerk

ITEM 3

DEPARTMENT OF THE ARMY ANNISTON MUNITIONS CENTER 7 FRANKFORD AVE, BLDG 202 ANNISTON AL 36201-4199 REPLY TO ATTENTION OF:

MEMORANDUM OF AGREEMENT BETWEEN THE ANNISTON MUNITIONS CENTER AND THE ANNISTON REGIONAL AIRPORT SUBJECT: Use of Anniston Regional Airport for Shipping and Receiving Ammunition

1. References. DA Pam 385-64, Ammunition and Explosives Safety Standards, 24 May 2011 2. Purpose. This Memorandum of Agreement (MOA) outlines the responsibilities of each party for the shipping and receiving of ammunition through the Anniston Regional Airport (ANB).

3. Mission. Safely ship and receive ammunition by military airlift through the Anniston Regional Airport 4. Scope. This MOA defines the requirements as applied to the ANMC and the Anniston Regional Airport.

5. Understandings, agreements and support, and resource needs. The use of the Anniston Regional Airport (ANB) by the Anniston Munitions Center (ANMC) to ship and receive ammunition by aircraft is agreed to by all interested parties subject to the following conditions: a. The ANB has designated a 1250 feet exclusionary area for munitions operations for ammunition having a net explosive weight (NEW) above 450 pounds. b. ANMC will implement the necessary safety precautions and surveillance measures for ammunition operations located within the area designated by the ANB. c. ANMC will be responsible for any personal or property damages that are caused by its equipment or materials to the extent provided for in Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1291, 1402, 2401-2402, 2411-2412, and 2671-2680. d. The airlift command and the ANB assume no responsibility for any incident(s) and/or accident(s) occurring on the premises resulting from any ammunition operation performed by the ANMC. e. The ANB will not be required to schedule air shipments and receipts during the week of racing events. f. The ANMC will control all movement and traffic within a radius of 600 feet from the aircraft during ammunition shipping and receiving operations.

SJMBG-AN SUBJECT: Use of Anniston Regional Airport for Shipping and Receiving Ammunition g. Anniston Aviation, the fixed-base operator, shall be responsible for all notifications as it

relates to airport closure and hours of operation. Anniston Aviation agrees to close the airport to all other air traffic while ammunition is on ANB property. h. Either party can terminate this agreement by providing the other party a 30 day written notice.

6. Effective dates. 26 JUL 2012 - 25 JUL 2014

__________________________ DAVID L. SCHMITT LTC, LG Commander, ANMC

__________________________ DON A. HOYT City Manager Anniston, Alabama

__________________________ (Date)

__________________________ (Date)

2

ITEM 4

ITEM 5

ITEM 6

RESOLUTION NO. 12-R-___ A RESOLUTION IMPLEMENTING THAT COMPONENT OF THE ANNISTON CALHOUN COUNTY HOME CONSORTIUM FIRST YEAR ACTION PLANS. WHEREAS, the City of Anniston authorized the City Manager to pay $1.00 to execute and purchase the HUD home at 2630 McCoy Avenue, Anniston, Under the HUD Dollar Home program to promote housing for low to moderate income families and execute required paperwork; and WHEREAS, the property located at 2630 McCoy Avenue, Anniston, Alabama. SEC 31 TSP15S RNG 08E Northside Defense Homes Sub. Blk. 8 Lot 1, as shown on the Map of Northside Defense Homes subdivision, as recorded in the Probate Judge Office of Calhoun County, Alabama, Plat Book C, Page 61, situated lying and being in Calhoun County, Alabama; and WHEREAS, the City of Anniston assigned and designated the property located at 2630 McCoy Avenue as a resource for use by the Anniston/Calhoun County HOME Consortium; and WHEREAS, the Anniston/Calhoun County HOME Consortium will use HOME funds to rehabilitate said property to provide affordable homeownership for a low/moderate income family in the City of Anniston, Alabama; and WHEREAS, the City of Anniston has been authorized to act in a representative capacity as a member of the Anniston/Calhoun HOME Consortium; and WHEREAS, Quentin T. Gay and Jerlisa Myles – Gay completed the application and qualified based upon HOME regulations; NOW THEREFORE, BE IT RESOLVED BY THE Council of the City of Anniston, Alabama, that the City be duly authorized and empowered to sell, deed, transfer, and convey its right, title and interest to property located at 2630 McCoy Avenue, Anniston, Alabama to Quentin T. Gay and Jerlisa Myles-Gay for the sum of One Dollar and No/100 Dollars ($1.00) by Warranty Deed.

PASSED AND ADOPTED this _____ day of _______________, 2012.

CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member Benjamin L. Little, Council Member

Marcus L. Dunn, Sr., Council Member ATTEST:

Alan B. Atkinson, City Clerk

RESOLUTION NO. 12-R-____ A RESOLUTION AUTHORIZING THE CITY MANAGER OF ANNISTON, ALABAMA TO ENTER INTO A AGREEMENT ON BEHALF OF THE ANNISTON CALHOUN COUNTY HOME CONSORTIUM WITH THE HABITAT OF HUMANITY FOR CALHOUN COUNTY, ALABAMA WHEREAS, the Anniston Calhoun County HOME Consortium Board has approved the allocation of funds to Habitat for Humanity of Calhoun County, Alabama for the construction of new single family units and/ or the purchase of said units, by first time home buyers; and WHEREAS the City of Anniston, has been authorized to act in a representative capacity for all members of the Anniston Calhoun County HOME Consortium; and NOW THEREFORE, BE IT RESOLVED BY THE Council of the City of Anniston, Alabama, that the City Manger is hereby authorized to sign the agreement and all documentation relating to the agreement between the Anniston Calhoun County HOME Consortium and Habitat for Humanity of Calhoun County, Alabama.

PASSED AND ADOPTED this _____ day of _______________, 2012.

CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Sr., Council Member ATTEST:

Alan B. Atkinson, City Clerk

RESOLUTION NO. 12-R-___

A RESOLUTION AUTHORIZING THE CITY MANAGER OF ANNISTON, ALABAMA TO ENTER INTO A AGREEMENT ON BEHALF OF THE ANNISTON CALHOUN COUNTY HOME CONSORTIUM WITH NORTHEAST ALABAMA COMMUNITY DEVELOPMENT CORPORATION WHEREAS, the Anniston Calhoun County HOME Consortium Board has approved the allocation of funds to Northeast Alabama Community Development Corporation for the purchase and rehabilitation of units to be used as rental housing; and WHEREAS the City of Anniston, has been authorized to act in a representative capacity for all members of the Anniston Calhoun County HOME Consortium; and NOW THEREFORE, BE IT RESOLVED BY THE Council of the City of Anniston, Alabama, that the City Manger is hereby authorized to sign the agreement and all documentation relating to the agreement between the Anniston Calhoun County HOME Consortium and Northeast Alabama Community Development Corporation.

PASSED AND ADOPTED this _____ day of _______________, 2012.

CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Sr., Council Member ATTEST:

Alan B. Atkinson, City Clerk

ITEM 7

ITEM 8