CITY OF ANNISTON July 07, 2020

5:30 P.M.

INVOCATION

PLEDGE OF ALLEGIANCE

CALL TO ORDER

ROLL CALL

READING/APPROVAL OF MINUTES OF PREVIOUS MEETING

o June 16, 2020 Regular meeting

ADDITIONS/DELETIONS TO THE AGENDA

ADOPTION OF AGENDA

I. CONDUCT PUBLIC HEARING - Suspended during COVID-19

Speaking to a Public Hearing Item

In the interest of time and to ensure the fairness of all persons who appear before the City Council to speak

for or against a public hearing item, speakers will be limited to three (3) minutes each to address City

Council except as described herein. One speaker for the Petitioner may address the City Council for no

more than 10 minutes, unless extended by the Mayor. In an effort help the City Council and the general

public to better understand the issues, the Mayor may request that a City staff member address the City

Council from the podium. Speakers from the general public may only speak when recognized by the Mayor

during the public hearing. Speakers will be asked to come to the podium to address the City Council for

three (3) minutes and they shall state their name and resident address for the record. Speakers addressing

City Council on a public hearing item should coordinate comments in order to respect City Council’s time

constraints. Groups should select a spokesperson to present the major points that summarize their

position and opinions. Speakers are urged to be brief and non-repetitive with their comments. Comments

shall specifically address the public hearing item before the City Council, and the speaker shall maintain

appropriate tone and decorum when addressing the City Council. City Council may ask questions of the

applicant, speakers, or staff during these proceedings only for the purpose of clarifying information. The

speaker shall not direct derogatory comments to any individual, organization, or business. At the

conclusion of the three (3) minute time period, the speaker will be notified that his/her time has elapsed

and the next speaker will be recognized to come forward to the podium and address the City Council. Once

the public hearing is closed on an item, there will be no further opportunity for formal or informal public

input at a City Council meeting.

(a) To receive comments regarding a Special Economic Development

Agreement – Phase 2 by the City and D&K James, LLC

II. UNFINISHED BUSINESS

(a) A resolution over-ruling objections to the abatement of identified nuisances Group 2020-02 Grass/Debris/Vehicles (Requires a Public Hearing)

III. CONSENT AGENDA

(a) Resolution appointing member(s) to the Anniston Museum of Natural History (b) Motion to install speed calming devices on 5th Street and

IV. MOTIONS

(a) Motion to award bid to Yamaha Golf Car Company a 5-year (60 month) lease/purchase with a $1.00 buyout negotiated at the end of the lease for 59 gas golf carts in the amount of $72.95/monthly unit cost ($4,304.05/total monthly cost) and 4 Gas Maintenance Utility Vehicles in the amount of $139.49/monthly unit cost ($557.96/total monthly cost)

(b) Motion to award bid to Triple J Construction, LLC for the New Sidewalk along Crane Avenue from West 14th Street to the Bus Stop at Wesley Park in the amount of $64,510.00 contingent upon successful submission of required bonds, insurance, etc.

(c) Motion to approve ___________________________ as the Voting Delegate and __________________________ as the 1st Alternate Voting Delegate for the Alabama League of Municipalities Annual Business Session on July 23, 2020.

(d) Motion to pull all City funds from BB&T Bank and move to another financial institution.

V. ORDINANCES

(a) Adopting Article VII to Chapter 29 of the Code of the City of Anniston, Alabama, 1981, to provide for the License and Regulation of Sidewalk Cafés; Repealing Section 29.28.1 – Section 3.94 to provide for consumption of alcoholic beverages

VI. RESOLUTIONS

(a) Authorizing the submission of a grant application under the FY 2021 Transportation Alternatives Set-Aside Program

(b) Authorizing a Special Economic Development Agreement by the City of Anniston, Alabama and D & K James, LLC

(c) Resolution to adopt Sidewalk Café Manual

VII. ADDITIONAL OR OTHER MATTERS THAT MAY COME BEFORE COUNCIL

VIII. RECEIVE INFORMAL PUBLIC COMMENTS – Suspended during COVID-19

IX. RECEIVE FORMAL PUBLIC COMMENT – Suspended during COVID-19

COUNCIL COMMENTS – Suspended during COVID-19

ADJOURNMENT

MINUTES

Anniston, Alabama

June 16, 2020

The City Council of the City of Anniston, Alabama, met in Regular Session in the Main Hall at the

Anniston City Meeting Center in the City of Anniston, Alabama, on Tuesday, June 16, 2020, at

approximately 5:37 o’clock p.m.

David Reddick, Councilmember, prayed the Invocation.

David Reddick, Councilmember, led the Pledge of Allegiance to the Flag.

Mayor Draper called the meeting to order. On call of the roll, the following Council Members were

found to be present: Council Members Jenkins, Reddick, Little, Harris, and Draper; absent: none. A

quorum was present and the meeting opened for the transaction of business.

Steven Folks, City Manager, was present.

Bruce Downey, City Attorney, was present virtually via FaceTime.

Council Member Jenkins made a motion to waive the reading of and approve the minutes of the June 2,

2020 Regular Called meeting. The motion was seconded by Council Member Harris and on call of the roll

the following vote was recorded: ayes: Council Member Jenkins, Reddick, Little, Harris, and Draper;

nays: none. The motion carried and the June 16, 2020 Regular Meeting minutes were approved.

Mayor Draper made a motion to adopt the agenda. The motion was seconded by Council member

Reddick and on call of the roll the following vote was recorded: ayes: Council Member Jenkins, Reddick,

Little, Harris, and Draper; nays: none. The motion carried and the agenda was adopted.

Mayor Draper opened a public hearing to receive public comments regarding a Lounge Retail Liquor –

Class I application for Last Chance Lounge, LLC d/b/a Last Chance Lounge located at 4006 Old

Birmingham Highway in the police jurisdiction.

No one spoke.

Mayor Draper closed the public hearing to receive public comments regarding a Lounge Retail Liquor –

Class I application for Last Chance Lounge, LLC d/b/a Last Chance Lounge located at 4006 Old

Birmingham Highway in the police jurisdiction.

Mayor Draper introduced and read Ordinance 20-O-9, An Ordinance amending Section 15.50 of the

Code of Ordinances of the City of Anniston, Alabama Changing Speed Limits (1st Reading):

ORDINANCE NO. 20-0-9

AN ORDINANCE AMENDING SECTION 15.50 OF THE CODE OF ORDINANCES OF THE CITY OF ANNISTON,

ALABAMA CHANGING SPEED LIMIT

WHEREAS, the City Council of the City of Anniston (the “Council”) finds that the speed limit on Maple

Street, from its intersection with Front Street to its intersection with Draper Avenue is due to be

changed from thirty (30) miles per hour to fifteen (15) miles per hour; and

WHEREAS, the Council finds that the speed limit on Cambridge Place is due to be changed from thirty

(30) miles per hour to fifteen (15) miles per hour; and

WHEREAS, the Council finds that the speed limit on Valley Place is due to be changed from thirty (30)

miles per hour to twenty (20) miles per hour; and

WHEREAS, the Council finds that the speed limit on McDaniel Avenue is due to be changed from thirty

(30) miles per hour to twenty-five (25) miles per hour;

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Anniston, Alabama as follows:

Section 1. The City Council of the City of Anniston, Alabama hereby amends and restates Section

15.50(a) of “The Code of the City of Anniston, Alabama, 1981” in its entirety to read as follows:

Sec. 15.50. – Speed limits generally. The following speed limits shall apply within the city:

(a) Fifteen (15) miles per hour:

(1) 4th Street, from its intersection with Mulberry Avenue West to Oak Street.

(2) 5th Street, from its intersection with Mulberry Avenue West to Oak Street.

(3) 11th Street, from its intersection with Johnson Drive east to its intersection with Elizabeth Street.

(4) Baltzell Gate Road, from a point 500 feet northwest of the traffic circle to, and around the traffic

circle.

(5) Belair Road, from Millicent Street to Bray Road.

(6) Bray Road.

(7) Buckner Circle.

(8) Cambridge Place.

(9) Elizabeth Street from its intersection with 10th Street, north to a point 200 feet north of the north

boundary line of East 11th Street.

(10) Foxley Road.

(11) Hormada Drive from its intersection with Henry Road northerly to its intersection with Lynn Road.

(12) Jarvis Street.

(13) Jimmy Parks Boulevard, from a point 500 feet north of the traffic circle to the traffic circle.

(14) Lamp Road (Dooley Road).

(15) Littlebrant Drive, from intersection with Millicent Street to Bray Road.

(16) Maple Street, from its intersection with Front Street to its intersection with Draper Avenue.

(17) McCall Drive, from its intersection with Johnston Drive to its intersection with Johnston Court.

(18) Millicent Street.

(19) Morton Road.

(20) Parkwin Avenue, from its intersection with 16th Street to 21st Street.

(21) Wirans Road.

Section 2. The City Council of the City of Anniston, Alabama hereby amends and restates Section

15.50(b) of “The Code of the City of Anniston, Alabama, 1981” in its entirety to read as follows:

Sec. 15.50. – Speed limits generally. The following speed limits shall apply within the city:

(b) Twenty (20) miles per hour:

(1) Chestnut Street, from intersection with Patch Place easterly to its intersection with Hanna Street.

(2) Cricket Lane.

(3) Hunter Place.

(4) Littlebrant Drive, from intersection with Shipley Road northeasterly to a point 975 feet north of said

intersection.

(5) Noble Street, from its intersection with 8th Street to its intersection with 15th Street.

(6) Oak Street.

(7) Patch Place.

(8) Quail Court.

(9) Quail Drive.

(10) Valley Place.

Section 2. The City Council of the City of Anniston, Alabama hereby amends and restates Section

15.50(d) of “The Code of the City of Anniston, Alabama, 1981” in its entirety to read as follows:

Sec. 15.50. – Speed limits generally. The following speed limits shall apply within the city:

(d) Twenty-five (25) miles per hour:

(1) 8th Street, between Leighton Avenue and Keith Avenue during the hours of 6:30 a.m. to 7:30 a.m.

and 1:30 p.m. to 2:30 p.m.

(2) 22nd Street, between the intersection of Christine Avenue to the intersection of Woodland Avenue.

(3) Avery Drive.

(4) Baltzell Gate Road, from intersection with Federal Way to a point 500 feet north of the traffic circle.

(5) Cedar Court.

(6) Cedar Lane.

(7) Galloway Road.

(8) Hillside Drive.

(9) Littlebrant Drive, from intersection with Baltzell Gate Road southwesterly to a point 975 feet north of

intersection with Shipley Road.

(10) McDaniel Avenue, from intersection with 21st Street to the intersection of Alexandria Road.

(11) Meadowlark Drive.

(12) Ossington Avenue, from intersection with Baltzell Gate Road to intersection with Coxwell Avenue.

(13) Ossington Avenue, from intersection with Coxwell Avenue to a point 1500 feet south of said

intersection.

(14) Rocky Hollow Road, from intersection with 18th Street to the intersection of Woodland Avenue.

(15) Spruce Drive.

(16) Sunset Drive, at any place along.

(17) Woodland Avenue, from intersection of Rocky Hollow Road to the intersection of 22nd Street.

Section 4. That this Ordinance shall become effective immediately upon its adoption and publication

one (1) time in The Anniston Star, a newspaper of general circulation published in the City of Anniston,

Alabama, and the City Clerk is hereby ordered and directed to cause a copy of this Ordinance to be

published one time in said newspaper.

PASSED and ADOPTED this 16th day of June, 2020.

CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA

Jack Draper, Mayor

Jay W. Jenkins, Council Member

David E. Reddick, Council Member

Benjamin L. Little, Council Member

Millie Harris, Council Member

Council Member Harris made a motion for unanimous consent for immediate consideration of

Ordinance 20-O-9. The motion was seconded by Council Member Jenkins and on call of the roll the

following vote was recorded: ayes: Council Member Jenkins, Reddick, Little, Harris, and Draper; nays:

none. The motion carried.

Council Member Jenkins made a motion for passage and adoption of Ordinance 20-O-9. The motion was

seconded by Council Member Little and on call of the roll the following vote was recorded: ayes: Council

Member Jenkins, Reddick, Little, Harris, and Draper; nays: none. The motion carried and Ordinance 20-

O-9 was passed and adopted.

Council Member Little stated that item a: Resolution appointing member(s) to the Longleaf Botanical

Gardens Board should still be tabled because Mr. Jackson was not present because of a family situation.

Mayor Draper made a motion to approve the consent agenda:

(b) Resolution approving the City of Anniston’s participation in the State of Alabama Sales Tax

Holiday as authorized by Act No. 2017-120 for the Year 2020 (20-R-32)

with the removal of a Resolution appointing member(s) to the Longleaf Botanical Gardens Board. The

motion was seconded by Council Member Jenkins and on call of the roll the following vote was

recorded: ayes: Council Member Jenkins, Reddick, Little, Harris, and Draper; nays: none. The motion

carried and the consent agenda was approved.

Council Member Jenkins made a motion to approve a Lounge Retail Liquor-Class I application for Last

Chance Lounge, LLC d/b/a Last Chance Lounge located at 4006 Old Birmingham Highway in the police

jurisdiction. The motion was seconded by Council Member Reddick and on call of the roll the following

vote was recorded: ayes: Council Member Jenkins, Reddick, Harris, and Draper; abstentions: Council

Member Little; nays: none. The motion carried.

Mayor Draper introduced and read Ordinance 20-O-10, Ordinance amending Section 29 ½.5(1)(a)

Governing the Adoption of Storm water Design and Best Management Practices Manual (2nd Reading).

Council Member Harris made a motion for passage and adoption of Ordinance 20-O-10. The motion was

seconded by Council Member Jenkins.

Council Member Little asked if this was the team from Georgia? And He stated that he still has not seen

the letter from them requesting this.

*Steven Folks, City Manager, comments were inaudible*

Council Member Little stated that he will vote this time but he would like to see things before he votes.

He stated if it is coming from them, they should have something in writing that this is their request. He

affirmed that if the city pays them any money, they should put ink to paper.

Council Member Reddick asked who created the ordinance.

*Steven Folks, City Manager, comments were inaudible*

Council Member Reddick stated that there is too much cutting and pasting done in the city. He stated

that copy, paste, repeat is not working for how the city needs to do their code. He stated that what they

are doing is not working.

Mayor Draper stated that the zoning ordinance has to go before the planning commission.

Council Member Reddick stated that is was brought up in the planning commission that the way the

zoning ordinance was done was incorrect and if they had done their strategic plan they would not be

having the problems they are having now.

Council Member Jenkins stated that this ordinance is nothing more than housekeeping and all they are

doing is adopting the current manual prepared by the Alabama Soil and Water Conservation.

Council Member Little stated the city should be more business friendly and not block people out with

simple housekeeping. He stated that something should be attached where they are recommending this

update to the city.

And on call of the roll the following vote was recorded: ayes: Council Member Jenkins, Little, Harris, and

Draper; abstentions: Council Member Reddick; nays: none. The motion carried and Ordinance 20-O-10

was passed and adopted.

There being no further business to come before the council at that time Mayor Draper made a motion

the meeting be adjourned. The motion was seconded by Council Member Harris; and on call of the roll,

the following vote was recorded: ayes: Council Members Jenkins, Reddick, Little, Harris and Draper;

nays: The motion carried and the meeting was adjourned at approximately 5:57 o’clock p.m.

PUBLIC HEARING

05043756.1

LEGAL NOTICE OF PROPOSED ECONOMIC DEVELOPMENT ACTION AND

RELATED PUBLIC EXPENDITURES BY THE CITY OF ANNISTON, ALABAMA

Notice is hereby given that the City Council (the "Council") of the City of Anniston, Alabama

(the "City") will meet in public session at 5:30 p.m. on July 7, 2020 at the City Meeting Center, 1615

Noble Street, Anniston, Alabama for the purpose of considering the transaction of business that may

properly come before the Council, such business to include, but not be limited to, the authorization by

the Council, pursuant to Amendment No. 772 of the Constitution of Alabama of 1901, as amended, of

a resolution (the "Resolution") approving the execution and delivery of a Special Economic

Development Agreement – Phase 2 (the “City Agreement”) by the City and D & K James, LLC, an

Alabama limited liability company (the “Developer”), to be dated the date of delivery, pursuant to

which City Agreement the City shall reimburse the Developer for certain infrastructure costs incurred

in the construction and installation of sanitary sewer facilities to service the Village at the Springs

residential subdivision in an amount not to exceed $200,000 for purposes referenced in the City

Agreement.

The reimbursement of said infrastructure costs will offset a portion of the Developer’s total

costs associated with the construction and development of a residential subdivision located within the

corporate limits of the City.

The City seeks to achieve, by undertaking its obligations pursuant to the City Agreement and

the Resolution, to advance the economic base of the City and the prosperity and welfare of the citizens

and taxpayers of the City, and to attract additional residents, businesses, development and investment

in the areas served by the infrastructure.

The business entity to whom or for whose benefit the City propose to lend its credit or grant

public funds or thing of value is the Developer and those businesses who will use or benefit from the

infrastructure.

All interested persons may examine and review the City Agreement, the Resolution, and all

other relevant documents and make copies thereof at personal expense, at the offices of the City

Manager during normal business hours, before and after the meeting referenced herein.

Further information concerning the information in this notice can be obtained from the City

Manager at the offices thereof during normal business hours.

UNFINISHED BUSINESS

RESOLUTION NUMBER 20-R-___

A RESOLUTION OVER-RULING OBJECTIONS TO THE ABATEMENT OF IDENTIFIED NUISANCES

WHEREAS, Act 1995-375, Section 2, Amended by Act 2004-256 and codified as Sections 45-8-172, et seq. of the Code of Alabama, 1975, defines public nuisances and authorizes the City to order or otherwise accomplish the removal of such nuisances; and WHEREAS, the City of Anniston has identified herein a specific list of such nuisances and the appropriate remedies to abate each nuisance; and WHEREAS, the City of Anniston has notified the property owners or other parties that may be held responsible and has held a public hearing to consider objections to the proposed remedy as required by law. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Anniston, Alabama that all objections and protests to the nuisance remedies identified in Exhibit “A” attached is hereby over-ruled and the recommended remedies are ordered to be applied to abate the nuisances according to the procedures and processes in Section 34.3 of the Code of Ordinances of the City of Anniston, Alabama.

PASSED AND ADOPTED this the _____ day of April 7, 2020 CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA BY: Jack Draper, Mayor BY: Jay W. Jenkins, Council Member BY: David E. Reddick, Council Member BY: Benjamin L. Little, Council Member BY: Millie Harris, Council Member ATTEST: Skyler Bass, City Clerk

Exhibit “A”

Group 2020-02 Grass, Debris and Vehicles

Address PPIN Owner Violation

0 Buckner Drive 85973 McClellan Independent Living Facility LO

Weeds, debris, unsecured

0 Headquarters Rd 86585 McClellan Independent Living Facility LO

Weeds, debris, unsecured

179 Headquarters Rd 84211 McClellan Independent Living Facility LO

Weeds, debris, unsecured

436 Buckner Drive 78971 McClellan Independent Living Facility LO

Weeds, debris, unsecured

607 West 15th Street 19153 El-Sayed Mohamed Debris

1617 Cobb Ave 62963 Nickelson Tabitha Weeds, debris, inoperable vehicle” red SUV tag unknown

2729 Wilmer Ave 25031 Boyd Patrick Weeds and debris

CONSENT AGENDA

RESOLUTION NUMBER 20-R-____

A RESOLUTION APPOINTING MEMBER(S) TO THE ANNISTON MUSEUM OF NATURAL HISTORY BOARD

WHEREAS, the Council has adopted Ordinance No. 14-O-13, an ordinance amending Division

1, Article XI, Chapter 2 of the Code of Ordinances for the City of Anniston, Alabama Regulating Boards, Commissions and Authorities, in order to, among other things, assign the positions on the City’s boards, commissions and authorities to nominations by specific Council Ward Representatives or to the Office of the Mayor so that those who are appointed to serve more fairly and equitably represent the citizenry of the City and to simplify and clarify to Council’s nomination and appointment process;

WHEREAS, the Council has adopted a schedule of nominations to govern appointments to

the Anniston Museum of Natural History Board; WHEREAS, the Council desires to make certain appointments to said Board in accordance

with the previously adopted Schedule of Nominations; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anniston, Alabama

as follows:

Section 1. The City Council of the City of Anniston does hereby appoint those persons identified in the Schedule of Nominations for the Anniston Museum of Natural History Board attached hereto as Exhibit A to the board and for the terms set forth therein.

Section 2. That the City Clerk shall cause a copy of this Resolution to be mailed to the above named appointees and to said board.

PASSED and ADOPTED this ______ day of July, 2020.

CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA Jack Draper, Mayor Jay W. Jenkins, Council Member David E. Reddick, Council Member Benjamin L. Little, Council Member Millie Harris, Council Member

ATTEST: ____________________________ Skyler Bass, City Clerk

EXHIBIT “A”

ANNISTON MUSEUM OF NATURAL HISTORY BOARD

Board Positions

Nominations Board Member Name

Expiration Date

Explanation

8 Ward 3 Megan Brightwell 10/31/2023 Appointment

MOTIONS

FACT SHEET

SUBJECT: Evaluation of bids for the lease/purchase of gas fleet golf cars (59)

FACTS: The lease is for 5 years (60 months) with a $1.00 buyout negotiated at the

end of the lease.

VENDORS SUBMITTING BIDS

Yamaha Golf Car Company $72.95/monthly unit cost

$4,304.05/total monthly cost

Interest Rate: 4%

Smitty’s Golf Cars Inc., No Response

Gadsden Golf Carts No Response

Southland Golf Carts Sales No Response

ATVS & Golf Carts No Response

Infinity Golf Carts LLC No Response

SUBJECT: Gas Maintenance Utility Vehicles (4)

VENDORS SUBMITTING BIDS

Yamaha Golf Car Company $139.49/monthly unit cost

$557.96/total monthly cost

Interest Rate: 4.0%

Smitty’s Golf Cars Inc., No Response

Gadsden Golf Carts No Response

Southland Golf Carts Sales No Response

ATVS & Golf Carts No Response

Infinity Golf Carts LLC No Response

RECOMMENDATION: The bid should be awarded to Yamaha Golf Car Company.

7/7/2020

FACT SHEET

SUBJECT: Evaluation of bids for the New Sidewalk Along Crane Avenue from West

14th Street to the Bus Stop at Wesley Park. COA Project Number 2019-

025.

FACTS: The purpose of the project is to improve pedestrian accessibility along

Crane Avenue, creating a contiguous sidewalk from West 14th Street to the

Wiggins Community Center, adjacent to Randolph Park Elementary

School.

The sidewalk will be 5 feet wide and approximately 550 feet long and is

scheduled to take 45 days, once the contractor is authorized to proceed.

CONTRACTORS SUBMITTING BIDS

Triple J Construction, LLC $64,510.00

CB&A Construction, LLC $80,413.78

Southeastern Sealcoating, Inc. $92,732.00

NOTES: The construction funds for the project were budgeted from the 2018 bond.

RECOMMENDATIONS:

Award the unit price contract to Triple J Construction, LLC for

$64,510.00, contingent upon successful submission of required bonds,

insurance, etc.

ORDINANCES

ORDINANCE NO. 20-O-__

ADOPTING CHAPTER 29, ARTICLE VII OF THE CODE OF

THE CITY OF ANNISTON, ALABAMA, 1981, TO PROVIDE

FOR THE LICENSE AND REGULATION OF SIDEWALK

CAFES; REPEALING SECTION 29.28.1 – OUTDOOR

DINING ON SIDEWALKS; AND ADOPTING SECTION 3.94

TO PROVIDE FOR CONSUMPTION OF ALCOHOLIC

BEVERAGES WITHIN SIDEWALK CAFES

NOW THEREFORE, BE IT ORDAINED, by the Council for the City of Anniston,

Alabama (the “Council”), as follows:

Section 1. The Council hereby repeals Chapter 29, Article I, Section 29.28.1 of “The

Code of the City of Anniston, Alabama, 1981”.

Section 2. The Council adopts and enacts the following laws to provide for the license

and regulation of Sidewalk Cafés within the corporate limits of the City of Anniston, codified as

Chapter 29, Article VII – Sidewalk Cafés, Sections 29.98 through 29.102 of “The Code of the City

of Anniston, Alabama, 1981”, to state in its entirety as follows:

ARTICLE VII – SIDEWALK CAFÉS

Sec. 29.98 – Applicability of article; definitions.

(a) Applicability. The provisions of this article shall apply to the establishment,

operations, and maintenance of sidewalk cafés within the corporate limits of the city.

(b) Definitions. For purposes of this article, the following words and phrases shall

have the meanings respectively ascribed to them in this section:

(1) Sidewalk means the portion of any public right of way between the curbline and the

adjacent property line that is intended for the use of pedestrians.

(2) Sidewalk café means the location and use of tables, chairs, furnishings, articles, and

associated equipment within an area of the sidewalk pursuant to a permit issued in accordance with

this article.

(3) Sidewalk Café Manual means the materials adopted by resolution of the Council,

as amended from time to time, setting forth the standards, specifications, design criteria, and other

regulations for a sidewalk café.

Sec. 29.99 – Sidewalk café permit.

(a) Permit required. It shall be unlawful for any person to create, establish, maintain,

or operate a sidewalk café without a currently valid permit issued in accordance with this article.

(b) Permit fee. Each sidewalk café permit shall be valid for a period of one year,

unless revoked prior to its expiration. The city shall charge and receive payment of a fee in the

amount of two hundred dollars ($200.00) before any sidewalk café permit may be issued.

(c) Revocation of permits. Any permit issued for a sidewalk café shall be subject to

revocation by the Fire Marshal, as the person in charge of the fire prevention division, for violation

of the requirements set forth in this article, when necessary for a public purpose, or when necessary

to protect the public health, safety or welfare.

(d) No property interest granted. A sidewalk café permit issued pursuant to this article

is a mere license and shall not be considered, construed or represented to be a grant of an

irrevocable privilege, property right, or conveyance of any interest in real property. The city

retains full rights and control over all rights-of-way and reserves the right to exercise full police

powers, traffic control, pedestrian access, and parking regulations and other ordinances, over the

area of any sidewalk cafe.

(e) Non-transferable permit. Any change or transfer of ownership of a sidewalk cafe

for which a permit has been or shall be granted under this article shall terminate such permit and

shall require a new application and a new permit in conformance with all the requirements of this

article as upon an original application. No sidewalk cafe shall be operated under any name other

than that set forth in the permit granted under this article.

Sec. 29.100 – Application and approval.

(a) Application. Any business desiring to be issued a sidewalk café permit shall submit

an application to the Building and Safety Division in the form provided by the city, together with

such drawings, photographs, plans, or other documentation as may be required by the city. All

applications shall contain, at a minimum, the following:

(1) Name, address and telephone number of each individual owner, member, partner,

manager, director and executive of the business;

(2) The trade or corporate name under which the applicant does business or proposes

to do business;

(3) The location and description of each place where the applicant intends to establish

or operate a sidewalk café;

(4) The name and address of the person holding title to the property on which the

business is located and, if the applicant is a lessee of such property, a copy of the lease evidencing

that fact;

(5) Three (3) sets of scale drawings clearly illustrating:

a. The number, type, materials, color and location of all tables, chairs, umbrellas or

other furnishings or fixtures intended to be placed at each sidewalk cafe;

b. The location of any doors leading from any abutting buildings to each sidewalk

cafe;

c. The number of feet and location of unobstructed space permitting free passage of

pedestrian traffic around each sidewalk cafe;

d. The location of where any food or drink is intended to be prepared;

e. The type of temporary protective barrier separating the eating and serving area of

each sidewalk cafe from pedestrian traffic;

f. The location of all existing fire hydrants, parking meters, planters, trash

receptacles, outdoor lighting fixtures, utility poles, benches, handicapped ramps,

street furniture and any other permanent public fixtures;

g. The square footage of area occupied by the sidewalk cafe;

h. Any additional information concerning the nature or design of each such sidewalk

cafe that the Building and Safety Division may request.

(b) Application and Plan Review Fee. Before any application may be accepted, the

applicant shall pay to the city an application and plan review fee in the amount of two hundred and

fifty dollars ($250.00).

(c) Initial plan review. Upon submission of a completed application and payment of

the application and plan review fee, the Building and Safety Division shall review the application

and required plan materials for compliance with the requirements of this article, including the

Sidewalk Café Manual, and other ordinances and codes of the city. When the application involves

alterations or changes within the scope of the Anniston Historic Preservation Commission’s

review, the city staff shall refer the application and plan materials to the Commission for

consideration and approval.

(d) Council approval. Any application that is approved after the initial plan review

shall be presented to the city manager to be added to the next available council meeting agenda.

No sidewalk café permit may be issued without approval of the council after a public hearing.

(e) Notice of Hearing. No less than six (6) days before the council meeting during

which the application for a sidewalk café permit will be considered, the city manager shall cause

notice to be published one time in the newspaper with the largest general circulation within the

city. The notice shall state that a public hearing will be held at a certain time, place and date on

the applicant’s request to be granted a sidewalk café permit and further state that the public will

be afforded an opportunity to be heard in favor or against the approval of the application.

Additionally, the applicant shall deliver a copy of the notice to all residents, properties and

businesses located within five hundred (500) feet of the area where the sidewalk café is proposed

to be located.

Sec. 29.101 – Requirements for sidewalk café.

(a) Sidewalk café Manual. A sidewalk café shall meet and adhere to the requirements

and design criteria set forth in the Sidewalk Café Manual, as adopted by resolution of the council

and as may be amended from time to time.

(b) Boundaries. The area in which a sidewalk cafe is operated shall be adjacent to the

business of which it is an extension and shall not extend parallel in either direction beyond the

outside front wall of the business and/or side wall if the business is on a corner lot.

(c) Sanitation. Each business operating a sidewalk café shall be solely responsible for

keeping the area of the sidewalk café and the public right-of-way in front of the business clean,

sanitary, and free of litter.

(d) Indemnity. No sidewalk café permit shall be granted to any person until such person

shall have first filed with the city manager an agreement to indemnify and hold harmless the city,

its agents, representatives, or employees from any and all claims, damages, judgments, costs, or

expenses, including attorney's fees, which they may incur or be required to pay because of any

bodily injury, including death, or property damage suffered by any person as a result of or related

in any way to the operation and maintenance of the sidewalk cafe for which the permit is issued,

even though such bodily injury or property damage results from negligence on the part of the city,

its agents, representatives or employees, or which otherwise might be imputed to any of them.

(e) Liability insurance. No sidewalk café permit shall be granted to any person until

such person shall have first filed with the city manager a certificate of insurance showing that the

person carries comprehensive general liability insurance coverage issued by an insurance company

licensed to do business in the state. Limits of liability for general liability insurance shall be at a

minimum, five hundred thousand dollars ($500,000.00) per occurrence, five hundred thousand

dollars ($500,000.00) personal and advertising injury, one million dollars ($1,000,000.00) general

aggregate and $1,000,000.00 products/completed operations aggregate. The city will be named as

an additional insured under the general liability insurance coverage. The certificate of insurance

shall provide the city with thirty (30) days' written notice of cancellation or material change in the

general liability insurance coverage. The cancellation of any such coverage shall have the effect

of suspending the permit of such to operate the outdoor cafe covered thereby until a new certificate

of insurance complying with the provisions of this section is filed with the city manager.

Sec. 29.102 – Alcoholic beverages.

The issuance of a permit, pursuant to the terms and conditions of this article, allows the

consumption of alcoholic beverages within the sidewalk café if the business has also obtained the

appropriate alcoholic beverage licenses which, pursuant to state alcoholic beverage control rules

and regulations, would include the sidewalk cafe area. A sidewalk cafe permit shall not, in and of

itself, authorize, permit, or allow the serving and/or dispensing of alcoholic beverages within the

sidewalk cafe. Any dispensing, serving or consuming of alcoholic beverages in the sidewalk cafe

area must be strictly in accordance with all applicable laws, ordinances and regulations, including

those of the state alcoholic beverage control board. To the extent that any such license has been

issued and alcoholic beverages may be served, then the same shall not be taken outside of the

permitted area of the sidewalk café.

Section 3. The Council hereby adopts and enacts Chapter 3, Article VIII, Section 3.94

of “The Code of the City of Anniston, Alabama, 1981” to state in its entirety as follows:

Sec. 3.94 – Sidewalk Cafés

Notwithstanding any other provision of this article, the patrons, guests, or members of a

district licensee with a currently valid sidewalk café permit, issued in accordance with Chapter 29,

Article VII, may exit the main licensed premised with an open container of alcoholic beverages in

order to go to and from the sidewalk café and may consume alcoholic beverages within the

confines of the sidewalk café. The district licensee may serve, dispense, or sell alcoholic beverages

within the sidewalk café if permitted by the applicable state laws and the regulations and rules of

the Alabama Alcohol Beverage Control Board.

Section 4. This Ordinance shall become effective immediately upon its adoption and

publication one time in The Anniston Star, a newspaper of general circulation published in the

City of Anniston, Alabama. The City Clerk is directed to cause a copy of this Ordinance to be

published one time in said newspaper.

PASSED and ADOPTED this ___ day of ____________________, 2020.

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

_____________________________

Jack Draper, Mayor

_____________________________

Jay W. Jenkins, Council Member

_____________________________

David E. Reddick, Council Member

____________________________

Ben Little, Council Member

____________________________

Millie Harris, Council Member

ATTEST:

___________________________

Skylar Bass, City Clerk

RESOLUTIONS

RESOLUTION NO. 20-R-______

AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION UNDER THE FY 2021 TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM

WHEREAS, the Alabama Department of Transportation has the authority to award grants under the FY 2021 Transportation Alternative Set-Aside Program; and

WHEREAS, the City of Anniston recognizes the need for grant for infrastructure improvements on

West 15th Street;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anniston as follows:

1. That the submission of a grant application under said program is authorized in the

amount not to exceed $640,000;

2. The City of Anniston will commit the balance of the project cost estimated at

$ 160,000 and the cost of design engineering;

3. That the Mayor and City Manager are authorized to sign any and all documents to obtain

said grant; and

4. That the City will be responsible for maintaining all improvements made under said

program.

PASSED and ADOPTED this the _______ day of ____________, 2020. CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA Jack Draper, Mayor Jay W. Jenkins, Council Member David E. Reddick, Council Member Benjamin L. Little, Council Member Millie Harris, Council Member

ATTEST: Skylar Bass, City Clerk

RESOLUTION EXPLANATION

PURPOSE: Authorize the submission of a Grant Application and commit the local share

PROGRAM: FY 2021 Transportation Alternatives Set-Aside Program

AGENCY: Alabama Department of Transportation

DEADLINE: July 15, 2020

PROJECT DESCRIPTION:

The project will renovate sidewalks on West 15th Street from Kelly Street to the Wellness Trail and

will renovate sidewalks on Kelly Street from West 15th Street to West 14th Street with a crosswalk

installed to Cobb Elementary School. Pedestrian lighting poles and lights will be installed on West

15th Street from Kelly Street to Cooper Street.

ESTIMATED COST BREAKDOWN:

GRANT: $ 639,764

LOCAL: $ 159,941

TOTAL: $ 799,705

PREPARED BY: Louise Campbell, L.P. Campbell Company , June 16, 2020

Page 1 of 1

COST ESTIMATE

2021 TAP APPLICATION

ANNISTON, ALABAMA

Item No. Item Description Quantity Unit Unit Price Total

1 Clearing and Grubbing 1 LS 4,000.00$ 4,000.00$

2 Unclassified Excavation 3000 CY 25.00$ 75,000.00$

3 Borrow Excavation 2000 CY 25.00$ 50,000.00$

4 4" Thick Concrete Sidewalk 3400 SY 76.00$ 258,400.00$

5 ADA accessible ramp 33 EA 1,500.00$ 49,500.00$

6 6" Thick Concrete Driveway 470 SY 85.00$ 39,950.00$

7 Water Meter Relocations 2 EA 1,500.00$ 3,000.00$

8 Silt Fence 4409 LF 5.00$ 22,045.00$

9 Silt Fence Removal 4409 LF 1.00$ 4,409.00$

10 Sodding 1250 SY 10.00$ 12,500.00$

11 Construction Signs 420 SF 15.00$ 6,300.00$

12 Channelizing Drums 100 EA 50.00$ 5,000.00$

13 Crosswalk striping 26 EA 525.00$ 13,650.00$

14 Lighting 12 EA 7,500.00$ 90,000.00$

15 Mobilization (9.7%) 1 LS 52,900.00$ 52,900.00$

16 Geometric Controls (1.3%) 1 LS 9,000.00$ 9,000.00$

ESTIMATED CONSTRUCTION COST (ELIGIBLE ITEMS) 695,654.00$

CONSTRUCTION ENGINEERING AND INSPECTION 104,345.00$

TOTAL ESTIMATED COST (ELIGIBLE ITEMS) 799,999.00$

X 80%

FEDERAL SHARE 639,999.20$

20% LOCAL SHARE 159,999.80$

SIDEWALKS ON W 15TH STREET FROM KELLY STREET TO CHIEF LADIGA TRAIL AND KELLY STREET FROM 15TH STREET TO

14TH STREET

P:\2020\200126\SaInfrastructure\Costs&Qty\Cost Estimate.xlsx 6/22/2020

RESOLUTION NO. 20-R-__

A RESOLUTION AUTHORIZING

A SPECIAL ECONOMIC DEVELOPMENT AGREEMENT BY

THE CITY OF ANNISTON, ALABAMA

AND

D & K JAMES, LLC

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNISTON,

ALABAMA (THE "COUNCIL"), AS GOVERNING BODY OF THE CITY OF

ANNISTON, ALABAMA (the "Municipality"), as follows:

Section 1. The Council, upon evidence duly presented to and considered by

it, has found and determined, and does hereby find, determine and declare as follows:

(a) Pursuant to the applicable laws of the State of Alabama, the Municipality

and D & K James, LLC (the "Developer") have prepared that certain Special

Economic Development Agreement – Phase 2 to be dated the date of delivery (the

"Special Economic Development Agreement"), as set forth hereinafter, for the

purposes referenced therein.

(b) The Municipality is without absolute authority or power under any local

constitutional amendment to do any of the actions or undertakings referenced in

Amendment No. 772 of the Constitution of Alabama of 1901, as amended

("Amendment No. 772").

(c) The Municipality is authorized under Amendment No. 772 to become

indebted, and to issue obligations as referenced therein, upon the full faith and credit

of the Municipality, to a principal amount not exceeding 50% of the assessed value

of taxable property therein, as determined for state taxation, in furtherance of the

powers and authorities granted in Amendment No. 772.

(d) Pursuant to, and for the purposes of, Amendment No. 772, it is

necessary, desirable and in the public interest for the Municipality to grant public

funds for the economic development of the Municipality, and for such purposes to

execute and deliver the Special Economic Development Agreement.

(e) The financial obligations of the Municipality created pursuant to the

Special Economic Development Agreement shall not exceed $200,000.

(f) The expenditure of public funds for the purposes specified in the

Special Economic Development Agreement will serve a valid and sufficient public

purpose, notwithstanding any incidental benefit accruing to any private entity or

entities.

(g) (1) On June 27, 2020, the Municipality caused to be published in The

Anniston Star, which newspaper has the largest circulation in the Municipality, the

notice required by Amendment No. 772(c)(2), a true and correct copy of which notice

is set forth as follows:

LEGAL NOTICE OF PROPOSED ECONOMIC DEVELOPMENT

ACTION AND RELATED PUBLIC EXPENDITURES BY THE CITY OF

ANNISTON, ALABAMA

Notice is hereby given that the City Council (the "Council") of the City of

Anniston, Alabama (the "City") will meet in public session at 5:30 p.m. on

July 7, 2020 at the City Meeting Center, 1615 Noble Street, Anniston,

Alabama for the purpose of considering the transaction of business that may

properly come before the Council, such business to include, but not be

limited to, the authorization by the Council, pursuant to Amendment No.

772 of the Constitution of Alabama of 1901, as amended, of a resolution

(the "Resolution") approving the execution and delivery of a Special

Economic Development Agreement – Phase 2 (the “City Agreement”) by

the City and D&K James, LLC, an Alabama limited liability company (the

“Developer”), to be dated the date of delivery, pursuant to which City

Agreement the City shall reimburse the Developer for certain infrastructure

incurred in the construction and installation of sanitary sewer facilities to

service the Village at the Springs residential subdivision in an amount not

to exceed $200,000 for purposes referenced in the City Agreement.

The reimbursement of said infrastructure costs will offset a portion of the

Developer’s total costs associated with the construction and development

of a residential subdivision located within the corporate limits of the City.

The City seeks to achieve, by undertaking its obligations pursuant to the

City Agreement and the Resolution, to advance the economic base of the

City and the prosperity and welfare of the citizens and taxpayers of the City,

and to attract additional residents, businesses, development and investment

in the areas served by the infrastructure.

The business entity to whom or for whose benefit the City propose to lend

its credit or grant public funds or thing of value is the Developer and those

businesses who will use or benefit from the infrastructure.

All interested persons may examine and review the City Agreement, the

Resolution, and all other relevant documents and make copies thereof at

personal expense, at the offices of the City Manager during normal business

hours, before and after the meeting referenced herein.

Further information concerning the information in this notice can be

obtained from the City Manager at the offices thereof during normal

business hours.

(2) The information set forth in said notice is true and correct.

(3) Publication of said notice is hereby ratified and confirmed.

(h) (1) The total indebtedness of the Municipality chargeable against the

debt limitation for the Municipality prescribed by Section 225 of the Constitution

of Alabama of 1901, as amended, (which indebtedness does not include the

obligations under the Special Project Development Agreement – Phase 2 issued

under Amendment No. 772), is not more than twenty percent of the assessed

valuation of the taxable property in the Municipality for the preceding fiscal year

(ending September 30, 2012 and on the basis of which taxes became due and payable

on October 1, 2021).

(2) The total indebtedness of the Municipality chargeable against the

debt limitation for the Municipality prescribed by Amendment No. 772(a)(4) (which

indebtedness does include the obligations of the City under the Special Project

Development Agreement – Phase 2), is not more than fifty percent of the assessed

valuation of the taxable property in the Municipality for the preceding fiscal year

(ending September 30, 2020 and on the basis of which taxes became due and payable

on October 1, 2021).

Section 2. The Council does hereby approve, adopt, authorize, direct,

ratify and confirm:

(a) the agreements, covenants, and undertakings of the Municipality set

forth in the Special Economic Development Agreement, and

(b) the terms and provisions of the Special Economic Development

Agreement, in substantially the form and of substantially the content as set forth

as follows, with such changes thereto (by addition or deletion) as the Mayor shall

approve, which approval shall not extend or increase the obligations of the

municipality thereunder and shall be conclusively evidenced by execution and

delivery of the Special Economic Development Agreement as hereinafter provided.

Section 3.

(a) The Mayor is hereby authorized and directed to execute and deliver

the Special Economic Development Agreement for and on behalf of and in the

name of the Municipality. The City Clerk is hereby authorized and directed to affix

the official seal of the Municipality to the Special Economic Development

Agreement and to attest the same.

(b) The Mayor, the City Manager, and the officers of the Municipality

are each hereby authorized and directed to take all such actions, and execute,

deliver and perform all such agreements, documents, instruments, notices, and

petitions and proceedings, with respect to the Special Economic Development

Agreement, as the Mayor and such officers shall determine to be necessary or

desirable to carry out the provisions of this resolution or the Special Economic

Development Agreement or duly and punctually observe and perform all

agreements and obligations of the Municipality under the Special Economic

Development Agreement.

Section 4. All prior actions taken, and agreements, documents or notices

executed and delivered, by the Mayor or any officer or member of the Council or

other representative of the Municipality, in connection with the agreements,

covenants, and undertakings of the Municipality hereby approved, or in

connection with the preparation of the Special Economic Development Agreement

and the terms and provisions thereof, are hereby approved, ratified and confirmed.

Section 5. All ordinances, resolutions, orders, or parts of any thereof, of

the Council in conflict, or inconsistent, with any provision of this resolution hereby

are, to the extent of such conflict or inconsistency, repealed.

Section 6. This resolution shall take effect immediately.

PASSED AND ADOPTED on this the ___ day of __________, 2020.

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

Jack Draper, Mayor

Jay Jenkins, Councilmember

David Reddick, Councilmember

Ben Little, Councilmember

Millie Harris, Councilmember

ATTESTED:

Skyler Bass, City Clerk

SPECIAL ECONOMIC DEVELOPMENT

AGREEMENT – PHASE 2

Dated: July , 2020

by

CITY OF ANNISTON, ALABAMA

and

D &K JAMES, LLC

Bruce J. Downey IV

801 Noble Street, Suite 1005

Anniston, Alabama 36201

Mail: P.O. Box 626 (36202)

Phone: (256) 294-4129

Fax: (256) 288-0310

bjd@downey-lawfirm.com

SPECIAL ECONOMIC DEVELOPMENT

AGREEMENT – PHASE 2

July , 2020

This Special Economic Development Agreement is made on the above date

by and between:

Municipality: City of Anniston, Alabama

Developer: D & K James, LLC, its successors and assigns

Recitals

The Developer has purchased or acquired options to purchase various contiguous

parcels of real property in the Municipality aggregating approximately +/- 38 acres

located adjacent to Choccolocco Road in Anniston, Alabama, as shown generally on

Exhibit A attached hereto and incorporated herein (the "Project Site").

The Developer proposes construct and develop in multiple phases a residential

subdivision on the Project Site (the "Development"); the Development, the Project Site

and the Project Utility Improvements (as defined herein) are herein together

sometimes called the "Project" and are expected to be named and referred to publicly

by the Developer as the "Village at the Springs Subdivision").

On account of the geographic location of the Project Site, public infrastructure

and utility improvements are required before the Project Site is suitable for

development.

The Developer has requested that the Municipality reimburse the Developer for a

portion of the requisite public infrastructure and utility improvements, specifically the

construction and installation of sanitary sewer facilities (the “Project Utility

Improvements”), to the Project Site in order to offset a portion of the Developer's costs

in constructing the Development.

The Municipality has determined that the development of the Project will advance

the economic base of the Municipality and the prosperity and welfare of the citizens and

taxpayers of the Municipality; and, further, will serve as an economic stimulus by

attracting additional residents, businesses, development and investment to the areas

within and immediately surrounded by the Project Site within the Municipality;

The Municipality has agreed to reimburse the Developer for a portion of the

costs of the within referenced Project Utility Improvements.

Pursuant to the applicable laws of the State of Alabama, and for the purposes

referenced herein, the Municipality and the Developer have delivered this Agreement.

Agreement

NOW, THEREFORE, for and in consideration of the premises, and the mutual

covenants and agreements herein contained, the Municipality and the Developer

hereby covenant and agree as follows:

ARTICLE 1

DEFINITIONS

For purposes of this Agreement the following terms shall have the following

meanings:

Date of Delivery shall mean the date set forth on the first page hereof.

Developer shall mean D & K James, LLC, and the successors and assigns

thereof.

Development shall mean that certain residential subdivision to be located

on the Project Site and named by the Developer the “Village at the Springs”.

Enabling Law shall mean Amendment No. 772 of the Constitution of Alabama

of 1901, as amended, as at any time amended or supplemented, or any successor

provision of law.

Project shall mean, collectively, the Project Site, the Project Utility

Improvements and the Development.

Project Utility Improvements shall mean those certain sanitary sewer

improvements to be constructed and installed for the benefit of the Project Site, as

more particularly described on Exhibit B.

Project Utility Improvement Costs shall mean the cost of the construction and

installation of the Project Utility Improvements.

State shall mean the State of Alabama.

Total Municipality Commitment shall mean an amount equal to $200,000.

Termination Date shall mean that date on which the Municipality shall have

terminated this Agreement in accordance with Section 6.02(1).

Water Board shall mean The Water Works and Sewer Board of the City of

Anniston, Alabama.

ARTICLE 2

REPRESENTATIONS AND WARRANTIES

SECTION 2.01. The Municipality

The Municipality hereby represents as follows:

(1) The Municipality has corporate power and authority to enter into this

Agreement, pursuant to the Enabling Law, and to carry out its obligations hereunder,

and, by proper corporate action, the Municipality has duly authorized the execution,

delivery and performance of this Agreement.

(2) There is not now pending, or, to the knowledge of the Municipality,

threatened, any litigation affecting the Municipality which questions (1) the incumbency,

titles or positions of the members of the governing body or the manner in which the

officers of the Municipality are selected or (ii) the subject matter of this Agreement.

(3) The construction of the Project Utility Improvements and the

development of the Project for the purposes set forth in this Agreement (i) will result

in direct financial benefits to the Municipality and (ii) will serve a valid and sufficient

public purpose, notwithstanding any incidental benefit accruing to any private entity

or entities.

(4) The Municipality represents and certifies that the indebtedness of the

Municipality incurred pursuant to the Enabling Law, if any, is less than 50 percent of

the assessed value of the taxable property in the Municipality as determined for state

taxation for the fiscal year ending September 30, 2020.

SECTION 2.02. The Developer

The Developer hereby represents and warrants as follows:

(1) The Developer is duly organized and validly existing as a limited liability

company under the laws of the State of Alabama, has the power to enter into and to

perform its obligations under this Agreement, and has duly authorized the execution,

delivery and performance of this Agreement.

(2) The execution, delivery and performance of this Agreement by the

Developer does not conflict with or result in a violation of any agreement, contract,

instrument, order, writ, judgment or decree to which the Developer is a party or is

subject.

(3) All actions and proceedings required to be taken by or on behalf of the

Developer to execute and deliver this Agreement and to perform the obligations and

agreements of the Developer hereunder have been taken.

(4) No consent or approval by, or filing with, any governmental authority in

the State of Alabama is required for the execution or delivery of this Agreement by the

Developer or for the full effectiveness or enforceability thereof under the laws of the

State of Alabama.

(4) There is no action, suit, proceeding, inquiry or investigation pending

before any court or governmental authority, or threatened in writing against or

affecting the Developer, which involves the consummation of the transactions

contemplated by, or the validity of, this Agreement.

ARTICLE 3

DURATION OF AGREEMENT

The obligations of the Municipality and the Developer hereunder shall arise on

the date of this Agreement and shall continue until the Termination Date, except with

respect to any specific agreement or covenant which by its terms expressly survives

termination of this Agreement.

ARTICLE 4

AGREEMENTS AND OBLIGATIONS OF THE MUNICIPALITY

The Municipality hereby agrees to reimburse the Developer for the Project

Utility Improvement Costs in an amount not to exceed the Total Municipality

Commitment, as further provided herein.

(1) Upon the execution and delivery of this Agreement, the Developer shall

proceed with the construction and installation of the Project Utility Improvements.

(2) The Municipality shall reimburse the Developer for the Project Utility

Improvement Costs as they are incurred by the Developer, upon submission of

evidence of the same in a form and content deemed satisfactory to the Municipality,

in its sole discretion, in an amount not exceeding the Total Municipality Commitment.

(3) Once completed, the Developer shall allow the Water Board to inspect

the Project Utility Improvements for quality and completion.

(4) Upon inspection, the Water Board may approve and accept the Project

Utility Improvements. The approval and acceptance of the Project Utility

Improvements shall be in the absolute and sole discretion of the Water Board.

(5) Once accepted and approved, the Project Utility Improvements shall

become a part of the Water Board’s water distribution system and sanitary sewer

system and shall be owned and operated by the Water Board.

(6) Anything in this Agreement to the contrary notwithstanding, the

Municipality shall have no obligation to reimburse the Developer for any amount of

the costs of the Project Utility Improvements under this Agreement:

(a) prior to the completion of the work for which the Developer seeks

reimbursement; or

(b) after the termination of this Agreement by the Municipality under Section

6.02(2).

ARTICLE 5

OBLIGATIONS OF THE DEVELOPER

SECTION 5.01. Development of the Project

(1) Developer agrees at its sole cost and expense to acquire fee simple title to

the Project Site and to construct and develop the Development thereon.

(2) Except as provided in Article 4 hereof, Developer shall be responsible for

all costs incident to the Project, including costs for acquisition and preparation of the

Project Site, for design, development, financing, construction, acquisition and

installation costs of the Development, and for payment of its own fees with respect to

the development of the Project, including, but not limited to, legal, accounting,

engineering, surveying, title work, architectural, construction and environmental

services.

(3) In the event that Developer does not complete the construction or

installation of the Public Utility Improvements within one (1) year of the date of this

Agreement, Developer shall promptly reimburse the Municipality all funds that have

been advanced thereby to the Developer for use in connection with or in furtherance of

the Project, including any monies paid to reimburse the Developer for the Project Utility

Improvements Costs.

SECTION 5.02. Compliance with Laws.

(1) The Developer shall cause all construction activities with respect to the

Project to be conducted in compliance with all applicable laws, ordinances, rules and

regulations of any governmental authority, including, without limitation, all

applicable licenses, permits, building codes, restrictive covenants, zoning and

subdivision ordinances and flood, disaster and environmental protection laws

("Applicable Laws"). It is expressly understood and acknowledged that the

Municipality will not waive or otherwise permit the waiver of any taxes, fees or

related expenses, or fees for any permits, licenses or approvals that must be obtained

from the Municipality or any other governmental authority in connection with the

Project that otherwise would be applicable other than those that may be specifically

waived under this Agreement.

(2) The Developer shall cause all agreements between it and any architect,

contractor, subcontractor or other business performing any work in connection with

the Project to require such architect, contractor, subcontractor or other business to

obtain all necessary permits, licenses and approvals to construct such work. It is

understood and acknowledged that the Municipality will not waive or otherwise

permit the waiver of any taxes, fees or related expenses, or fees for any permits,

licenses or approvals that must be obtained from the Municipality or any other

governmental authority in connection with the Project that otherwise would be

applicable.

SECTION 5.03. Indemnity

The Developer agrees to defend, protect, indemnify, and hold harmless the

Municipality, its agents, employees, and members of its governing body, from and

against all claims or demands, including actions or proceedings brought thereon, and all

costs, expenses, and liabilities of any kind relating thereto, including reasonable

attorneys’ fees and cost of suit, arising out of or resulting from any of the following,

provided, however, that the foregoing indemnity will not extend to the negligent

misconduct of the Municipality, its agents, employees, and members of its governing

body: (i) any construction activity performed by Developer, or anyone claiming by

through, or under Developer; and (ii) any loss of life, personal injury, or damage to

property arising from or in relation to the entry upon, construction, use, operation or

occupancy of the Project, including, without limitation, tenants, customers and invitees

of the Project and/or Developer.

SECTION 5.04. Survival of Agreements

The agreements and covenants in this Article 5 shall survive the termination of

this Agreement with respect to events or occurrences happening prior to or upon the

termination of this Agreement and shall remain in full force and effect until

commencement of an action with respect to any thereof shall be prohibited by law.

ARTICLE 6

EVENTS OF DEFAULT AND REMEDIES

SECTION 6.01. Events of Default

Each of the following shall be an "Event of Default" by the Developer

hereunder:

(1) Violation of the obligations of the Developer pursuant to Article 5, if the

same is not cured or, at the option of the Municipality, satisfactory progress with

respect to such cure is not made, within sixty (60) days after written notice by the

Municipality thereof;

(2) If any material representation or warranty by the Developer herein is

or becomes untrue or materially misleading; and

(3) Initiation of bankruptcy, reorganization, liquidation, dissolution or

receivership proceedings of the Developer, whether voluntary or involuntary, or

Developer's making an assignment for the benefit of creditors.

SECTION 6.02. Remedies

(1) Whenever an Event of Default shall have occurred and be continuing,

the Municipality make take any one or more of the following actions:

(a) Terminate this Agreement; or

(b) Seek and obtain injunctive relief or declaratory relief to the extent the

Municipality may be entitled thereto; or

(c) Exercise any and all other remedies available at law or in equity.

(2) The Developer agrees to pay the reasonable costs and expenses

incurred by the Municipality in connection with pursuit of such remedies,

including, without limitation, reasonable attorneys' fees and disbursements.

SECTION 6.05. Remedies Subject to Applicable Law

All rights, remedies and powers provided by this Agreement may be exercised

only to the extent the exercise thereof does not violate any applicable provision of law

in the premises, and all the provisions of this Article are intended to be subject to all

applicable mandatory provisions of law which may be controlling in the premises and

to be limited to the extent necessary so that the same will not render this Agreement

invalid or unenforceable.

ARTICLE 7

PROVISIONS OF GENERAL APPLICATION

(1) This Agreement shall be governed by and construed in accordance

with the laws of the State of Alabama without regard to principles of conflict of laws.

(2) This Agreement shall be enforceable by and binding upon the respective

successors and assigns of the undersigned.

(3) This Agreement may be executed in several counterparts each of which

shall constitute one and the same agreement.

(4) This Agreement may be amended only in writing duly authorized,

executed and delivered by each party to this Agreement.

(5) This Agreement may be assigned or transferred by the Developer,

without the written consent of the Municipality, but with written notice of such

assignment or transfer to the Municipality, to either (1) an affiliated entity of

Developer or an entity owned, managed or controlled by Developer or the owners of

Developer, or (2) a third-party purchaser of the Project from Developer. No such

assignment or transfer shall be valid or binding on Municipality unless the person or

entity to whom such assignment or transfer is made agrees in writing to assume any

and all obligations of Developer and to be bound fully by this Agreement as

Developer was prior to such assignment.

(6) If any provision herein shall be unenforceable, the parties agree the

remaining provisions hereof shall not be affected thereby and shall remain in full force

and effect.

(7) Any notice given hereunder by any party shall be delivered

simultaneously to all parties hereto at the respective addresses thereof set forth on the

signature page hereof.

(8) Each party hereto hereby (1) waives, to the extent permitted by law,

any right to trial by jury in any action or proceeding under, or related to, this

Agreement and (2) agrees that no person has represented (by expression or

implication) that a party hereto would not seek to enforce such waiver in the event of

litigation.

(9) This Agreement shall not operate or be construed to create a joint

venture or partnership among the parties hereto.

(10) This Agreement is solely for the benefit of the parties hereto and the

successors and assigns thereof and no other person shall have any benefit, interest or

rights under or by virtue of this Agreement.

(11) This Agreement shall constitute the final and full contractual

agreement of the parties and shall supersede all prior or other agreements (written

or oral) by the parties relating to the subject matter hereof.

IN WITNESS WHEREOF, the Municipality has caused this Agreement to be

executed in its name, under seal, and the same attested, all by officers thereof duly

authorized thereunto, and the Developer has executed this Agreement under seal, and

the parties have caused this Agreement to be dated the date and year first above written.

CITY OF ANNISTON, ALABAMA

By

Mayor

SEAL

ATTEST:

City Clerk

Address of Municipality:

City Hall

4309 McClellan Boulevard

Anniston, Alabama 36206

D&K JAMES, LLC

By:

Its:

Address of Developer:

129 West 7th Street Anniston,

Alabama 36201

EXHIBIT A

Project Site

EXHIBIT B

Project Utility Improvements

The Project Utility Improvements shall include the construction and

installation of sanitary sewer lines within the Project Site, as depicted below,

together with all necessary and incidental facilities, equipment, supplies, and

materials, including, but not limited to: (a) Crushed stone backfill; (b) 42 DI

Tees, 8” x 4”; (c) 8 Manholes, (d) 1620 linear feet of 8” DI pipe, (e) 1800 linear

feet of Sch. 40 Service; and (f) 42 4” caps.

RESOLUTION 20-R-___

RESOLUTION TO ADOPT SIDEWALK CAFÉ MANUAL

WHEREAS, Chapter 29, Article VII of The Code of the City of Anniston, Alabama

provides for the license and regulation of Sidewalk Cafés within the City, which shall be located,

constructed and operated in accordance with said ordinance and the Sidewalk Café Manual

adopted by Resolution of the Council;

WHEREAS, the Council has considered the Sidewalk Café Manual, attached hereto as

Exhibit A, and desires to adopt the same to provide standards, specifications, design criteria, and

other regulations for Sidewalk Cafés;

NOW THEREFORE, BE IT RESOLVED by the Council for the City of Anniston,

Alabama as follows:

The Council hereby adopts the document attached hereto as Exhibit A as the official

Sidewalk Café Manual, in accordance with Chapter 29, Article VII governing Sidewalk Cafés

within the City. A Sidewalk Café shall adhere to the standards, specifications, design criteria, and

other regulations set forth within the attached Sidewalk Café Manual as a condition to any

Sidewalk Café Permit and the operation of any Sidewalk Café within the City.

PASSED AND ADOPTED on this the ___ day of ______________, 2020.

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

_____________________________

Jack Draper, Mayor

_____________________________

Jay W. Jenkins, Council Member

_____________________________

David E. Reddick, Council Member

_____________________________

Benjamin Little, Council Member

_____________________________

Millie Harris, Council Member

ATTESTED:

____________________________

Skylar Bass, City Clerk

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City of Anniston

Sidewalk Cafe Manual

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Table of Contents

Authority 3

Definition 3

More Information 3

Purpose 4

Steps to Obtain a Franchise Area 5

Submission Requirements 6

Desired Outcome 7

Sidewalk Café Elements 8

Barrier Design 9 - 12

Barrier Measurements 13

Barrier Attachment 14-15

Access Openings 16

Planters & Planter Boxes 17

Furniture & Fixtures 18

Discouraged Types of Furniture 19

Tables 20

Chairs 21

Umbrellas 22

Awnings 23

Lighting 24

Outdoor Heaters 25

Smoking 26

Signage 27

Circulation Room 28

Egress Path 29

Set Back from other Businesses 30

Alcoholic Beverages 31

ADA Requirements 32

Insurance 33

Removal 34

Contact Information 35

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Authority

This Sidewalk Cafe Manual is promulgated in accordance with Chapter 29, Article VII of The Code of The City of Anniston, Alabama, 1981, upon review and approval by the Anniston Historic Preservation Commission and adoption by Resolution of the Anniston City Council.

Definition

Sidewalk Cafe means the location and use of tables, chairs, furnishings, articles, and associated equipment within an area of the sidewalk.

More Information

For more information, visit www.annistonal.gov At this website, applicants can access the Franchise area Guidelines Ordinance, Franchise area Design Guidelines and application materials. Applicants may also contact the City of An-niston Building & Safety Division by calling (256) 231-7720, or via email at permitting@annistonal.gov

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Purpose

Sidewalk cafés contribute to a vibrant urban culture and make Anniston streets more dynamic places to walk, socialize, and dine. Sidewalk cafés are dining areas that occupy part of the public right-of-way during eating establishment hours. This document sets forth standards, specifications, design criteria and other requirements for sidewalk cafés in order to ensure that they are safe for patrons and pedestrians and attractive to the downtown venue. The City of Anniston Sidewalk Café Manual provides acceptable dimensions for café access and for public right-of-ways, sidewalk café barriers, and the layout of outdoor service areas. The City of Anniston requires the use of durable and high-quality outdoor furnishings and materials to increase the safety and comfort of patrons of sidewalk cafés. The diagrams in this document illustrate examples of sidewalk café design and photographs show acceptable and unacceptable sidewalk café furnishings. Sidewalk cafés enhance the public realm and motivate people to patronize Anniston establishments. Licensed businesses offering sidewalk cafés shall comply with the governing ordinances and this Sidewalk Cafe Manual.

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Þ Review Chapter 29, Article VII of The Code of the City of Anniston, Alabama, 1981, governing Sidewalk Cafes, and this Sidewalk Cafe Manual. Ensure that the proposed Sidewalk Cafe complies with all design guidelines and requirements, as well as the requirements of the Americans with Disabilities Act (ADA).

Þ Submit the application, with the non-refundable $250 application review fee, and required supporting documen-tation.

Þ Communicate with the Building & Safety Division. Allow 10 days for review of the application, the documentation packet, and any site issues with the proposed location.

Þ City staff and a sub-committee of the Anniston Historic Preservation Commission will review the application sim-ultaneously. Once approved after this initial plan review, the application will be presented to the City Council.

Þ The application will be added to the next available City Council meeting agenda, with at least six days advance notice by publication of the public hearing before the Council on the application. The applicant shall be responsible for the costs of publication. The applicant shall also deliver a copy of the notice to all residents, properties and businesses located within five hundred feet of the area where the Sidewalk Cafe is proposed to be located. Þ Construction can begin, after obtaining a building permit.

Þ Once construction is complete, a final inspection will be performed by City staff.

Þ When the Sidewalk Cafe passes the final inspection, pay the annual $200 license fee and operations can begin.

Steps to Obtain a Sidewalk Cafe Permit

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Submission Requirements

Þ Pre-Application meeting with staff is required – email permitting@annistonal.gov or call 256-231-7720 to schedule. The

completed application may be turned in at the meeting.

Þ Completed property owner authorization, if required.

Þ Site Plan Sidewalk Café: (minimum 8 ½” x 11”) A map, survey, drawing, aerial photograph, site plan or similar information

showing the footprint/outline of the proposed Sidewalk Cafe, including dimensions of area where it is to be located, property lines, existing sidewalk width, existing parking stalls/alignment and obstructions; e.g. fire hydrants, utility poles, street trees, etc.

Þ Additional Design: A description of type(s) of elements proposed to be placed in the franchise area; e.g. tables, chairs, benches, planters/landscaping, bicycle parking, fence, etc. Þ Establishments serving alcohol must include a fence to separate the franchise area from normal pedestrian traffic.

Þ Minimum sidewalk width remaining for public pedestrian access; minimum of 5 feet.

Þ Adjacent Businesses: Provide written comments from adjacent businesses.

Þ ADA Requirements listed on submission

Þ Photos of proposed furniture to include tables, chairs, umbrella, and any other items used in the area

Þ Proof of general liability insurance

Þ Signed host agreement form

Þ $250.00 Plan Review Fee

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Desired Outcome

Þ Sidewalk cafes contribute to a vibrant urban culture and make Anniston streets more dynamic places to walk, socialize and dine. Sidewalk cafes are dining areas that occupy part of the public right-of-way during eating establishment hours. This document is a guide to creating temporary sidewalk cafes that are safe and attractive to restaurant patrons and pedestri-ans.

Þ The Sidewalk Cafe Design Guidelines provide acceptable dimensions for cafe access and for public right-of-ways, sidewalk cafe barriers, and the layout of outdoor service areas. The City of Anniston encourages the use of durable and high-quality outdoor furnishings and materials to increase the safety and comfort of residents and visitors of sidewalk cafes. The diagrams in this document illustrate examples of sidewalk cafe design and photographs show acceptable and unacceptable sidewalk cafe furnishings.

Þ Sidewalk cafes enhance the public realm and motivate city and regional residents to patronize Anniston’s eating establish-ments. Restaurant and cafe owners who offer sidewalk cafes shall comply by these guidelines, which are applicable in all city zoning districts where outdoor dining is a permitted use.

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Sidewalk Cafe Elements Elements of a typical sidewalk cafe include: barriers, planters, tables, chairs, umbrellas, menu display, heat lamps, and access point. If wait service is not provided in the sidewalk cafe area, the eating establishment is required to supply a waste receptacle. If wait service is provided, the restaurant operator is not permitted to place a waste receptacle in the sidewalk cafe.

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Barriers

Barriers Required

The perimeter of sidewalk cafes that extend into the public right-of-way shall be enclosed by barriers that are durable, removable and maintained in good condition.

Sidewalk Cafes Serving Alcohol

Sidewalk cafes that serve alcohol must be surrounded by a fence barrier in all cases. Barrier access point must be controlled by the restaurant establishment. Restaurant and eating establishment owners should maintain compliance with the Alabama Alcohol and Beverage Control standards for serving alcohol outside of enclosed businesses.

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Barrier Design

Various styles of barriers are acceptable for sidewalk cafes. Barriers should be 36 inches in height, and must be free-standing, stable, and removable. Barrier segment bases should be flat with tapered edges that are between 1/4 to 1/2 inch thick.

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Barrier Design, continued

Examples of acceptable sectional barrier materials (from left to right, cable, wooden lattice and fabric barriers).

Examples of planters used as barrier elements. From left to right: movable pots, planter boxes and flower boxes are acceptable barrier elements.

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Barrier Design, continued

Barrier qualities

Free-standing: Barriers must not be permanently attached to any structure or sidewalk. Stable: A barrier must be well-balanced and difficult for pedestrians to topple, trip over or remove.

Prohibited barrier materials

Þ Chain link Þ Rope rails Þ Chain rails Þ Other materials. The use of materials for barriers that is not specifically designed as fencing, such as buckets,

flag poles, newspaper stands and waste receptacles is prohibited.

Examples of barriers and barrier elements that are not acceptable for sidewalk cafes. From left to right: unstable sectional fencing, rounded barrier bases, and waste receptacles are unacceptable barrier elements.

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Barrier Measurements

The following barrier measurements should be utilized in order to guide pedestrian traffic and establish the sep-aration of sidewalk cafes from the street:

Height Þ Sidewalk cafe stanchions, posts and sectional fences shall be 36 inches in height.

Open Appearance Þ Sidewalk cafe fences shall allow patrons and pedestrians to see from the Cafe to the street and vice versa.

Maximum Distance from Ground Þ The lowest point in the barrier should be no more than 6 inches in height. This is to ensure that visually

-impaired pedestrians who use canes will note the barrier.

36 inches in height

Bottom rail no more t han 6 inches off the ground.

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Barrier attachments to the sidewalk

Þ Core drilling is not allowed on the sidewalk for fence installation

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Barrier Attachments to the Sidewalk

Þ The fence must be securely attached to the sidewalk

Þ Wedge anchors, sleeve anchors, epoxy anchors, all are acceptable ways of securing the fence to the sidewalk

Þ Other attachment methods may be used, with City staff approval

Þ Anchor bolts cannot be larger than 3/8” in diameter

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Access Openings

Location

Þ The access opening should be located along the front or parallel edge of the sidewalk cafe barrier. The access opening must be kept clear of other materials.

Minimum Access Width

Þ All access openings should measure no less than 44 inches in width.

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Planters & Planter Boxes Planters or planter boxes are appealing barrier elements in sidewalk cafes. Planters must be removable and stored after the close of business. Planters may be used in sidewalk cafes that do not have barriers to sepa-rate them from the public right-of-way, in cases where outdoor eating areas do not extend 3 feet or more into the sidewalk, and where no alcohol is served.

Maximum Height Þ Planters may be no more than 3 feet in height; planted materials may be up to 6 feet tall on each end of the

sidewalk cafe. Planter boxes may be installed on 36-inch-high barriers.

Planted Materials Þ Planters and the plants they contain should be well-maintained and kept free of litter and debris. Planters

shall contain living plants.

3 Feet high

6 Feet high

Planters cannot hang over into the 5 feet

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����Furniture & Fixtures

Quality, Context & Variety Sidewalk cafes bring pedestrians, economic investment, and liveliness to the street and visually enhance the urban environment. It is important for sidewalk cafes to utilize quality furniture and fixtures that contribute to the safety and attractiveness of the public realm. Furniture and fixtures must be durable and of sturdy construction; able to withstand severe weather without blowing over.

Sidewalk cafes influence the character of urban areas, and restaurant owners should be mindful of their sur-roundings when planning cafes. While a variety of tables, chairs and umbrellas are acceptable, operators are advised to consider the context of the neighborhood and nearby buildings when making decisions concerning furniture and fixtures. A range of furniture styles, colors and materials are permitted, however furniture and fixtures must be clean and free of fading, corrosion, splinters, dents, tears, and chipped paint. The following chapter is a guide to appropriate sidewalk cafe furniture and fixtures.

Features such as decorative plants, attractive barriers, and quality furniture contribute to a dynamic urban aesthetic

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Discouraged Types of Furniture

Prohibited Furniture Þ Sidewalk cafes are impermanent eating areas, and furniture that is permanently affixed to the sidewalk or ex-

terior of a restaurant or cafe is prohibited. Tables, chairs, umbrellas, heat lamps, menu displays and barrier elements are the only acceptable outdoor furniture items. Waste receptacles are required only in sidewalk cafes that do not provide wait service; otherwise, waste receptacles are not permitted.

Prohibited Cafe Elements Þ Certain features and appurtenances not permitted. The following shall not be permitted within a sidewalk café:

televisions, other electronic audio or visual devices or means of producing amplified sound; cash registers or card readers; wait stations; vending machines or similar items. Trash containers shall not be located within a sidewalk café in any case where service to patrons by wait staff is provided.

Freestanding Þ Neither furniture nor other sidewalk cafe elements may be tied or otherwise secured to trees, lamp posts,

street signs, hydrants at any time.

Images of prohibited materials in sidewalk cafes: from left to right, flimsy plastic tables and chairs, unfinished wooden materials, and sofas are prohibited furniture types.

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Tables

Þ Tables must be functional and well-maintained. Tables may be any shape, but may not be over 36 inches in height. Table and chair colors are subject to City staff approval.

Þ Smaller tables are encouraged, as they provide more layout flexibility. Square or rectangular tables can be combined to create a larger table if necessary. Table edges and corners should be rounded and safe for pass-ing pedestrians.

Þ Encouraged table materials: metals, finish grade woods, sturdy recycled

materials

Þ Discouraged table materials: breakable plastics, unfinished lumber

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Chairs

Durability Þ Chairs should be able to withstand weather factors such as sun and wind and remain in good condition. Chairs

should be of sturdy construction. Chairs should not show evidence of deterioration or damage to structure or fin-ishes.

Fabrication Þ Chairs may be fabricated of metal, finish grade wood, or composite material. Chairs may incorporate fabric ele-

ments or may be upholstered, but must be maintained in clean condition. For upholstered chairs, water resistant textiles are strongly encouraged.

Color Þ The color of chairs is the owner’s choice, and subject to the approval of City staff. Chairs may be painted, stained

or unpainted in color, but must have surfaces that are properly finished such that there is no rust, splintering or other deterioration.

Images of acceptable sidewalk cafe chairs.

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Umbrellas

Functional and aesthetically pleasing, umbrellas provide shade and enclosure for patrons of sidewalk cafes. Umbrellas must be contained within the defined sidewalk cafe area. Square or rectangular market-style um-brellas are recommended for sidewalk cafes for space-efficient design.

Height Þ When open, umbrella canopies should be between 7 and 10 feet tall.

Materials & Design Þ Umbrellas should be suitable for outdoor patio use. Canvas is preferred. Umbrella colors are the owner’s

choice and should be compatible with the sidewalk cafe furniture. No lettering is permitted on sidewalk cafe umbrellas.

Þ Umbrellas cannot have any writing or logos except the business name or logo

7 and 10 feet tall

Only writing or logo allowed is the business

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Awnings ��������Awnings, either permanent or temporary, may be utilized if approved by City staff and the historic commis-

sion review, if applicable, as a part of the sidewalk cafe permitting process. Awnings shall have no support posts located within the public right-of-way, and no portion of an awning shall be less than eight (8) feet above the sidewalk. A building permit must be obtained prior to the installation of an awning and is subject to all applicable sections of the Code of Ordinances of the City of Anniston..

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Lighting Þ Lighting for sidewalk cafes may be utilized, if approved by City staff, as part of the café permitting process.

Þ Any such lighting shall complement the existing building and sidewalk café design and shall not cause a glare to passing pedestrians or vehicles.

Þ Electrical wires shall not be permitted to access the sidewalk café area.

Þ Possible lighting sources include table top battery-operated candles or low wattage battery-operated fix-tures, and solar powered.

Þ Additional lighting may be attached to the permittee’s adjacent establishment provided permittee obtains all necessary approvals for such lighting from the City and the historic commission, if applicable.

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Outdoor heaters Þ Outdoor heaters must follow International Fire Code requirements

Þ Portable outdoor gas-fired heating appliances shall be located not less than 5 feet (1524 mm) from buildings.

Þ Portable outdoor gas-fired heating appliances shall not be located beneath, or closer than 5 feet (1524 mm) to combustible decorations and combustible overhangs, awnings, sunshades or similar combustible attach-

ments to buildings.

Þ Portable outdoor gas-fired heating appliances shall not be located within 5 feet (1524 mm) of exits or exit dis-

charges.

Þ Only listed and approved portable outdoor gas-fired heating appliances utilizing a fuel gas container that is integral to the appliance shall be used.

Þ Portable outdoor gas fired heating appliances shall be equipped with a tilt or tip-over switch that automati-

cally shuts off the

Þ flow of gas if the appliance is tilted more than 15 degrees (0.26 rad) from the vertical. The heating element or

combustion chamber of portable outdoor gas-fired heating appliances shall be permanently guarded so as to prevent accidental contact by persons or material.

Þ The maximum individual capacity of gas containers used in connection with portable outdoor gas-fired heat-

ing appliances shall not exceed 20 pounds (9 kg).

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Smoking No smoking is allowed within a sidewalk cafe

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Signage Signs advertising sale of goods or services at a sidewalk cafe is limited to one item. Such as, but is not limited to, sandwich boards, or writing boards. Menus shall be restricted to a maximum size not to exceed nine (9) inches wide and twelve (12) inches long and shall be secured to tabletops or designed in order to prevent debris. A sign

posted in a visible location is required at every sidewalk cafe, which states, "It is unlawful to consume alcoholic beverages not purchased at permittee's establishment or its sidewalk cafe or to remove alcoholic beverages from

the sidewalk cafe."

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Circulation Room

Outside Sidewalk Café

Þ Sidewalk cafes must allow for a 5 feet of unobstructed pedestrian passage way on the sidewalk.

Þ 4 feet unobstructed to an obstruction

Þ No element of the sidewalk cafe, including umbrellas, plants, barriers or signage elements, may obstruct the pedestrian passage way.

Þ Light poles, tree wells, fire hydrants, and other items that fall within the pedestrian path must be a minimum of 4 feet between the curb and the leading edge of the sidewalk cafe.

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Egress path

Þ A 44” minimum egress width must be left directly in front of the entrance to the business and run unob-

structed to the curb

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Set back from other Businesses

Restaurant and café owners and managers should ensure that sidewalk cafés do not unreasonably obstruct the visibility of neighboring businesses. In such cases, a sidewalk café operator will be required to adjust the layout of the outdoor dining area.

The sidewalk café shall be limited to the length of the adjacent building frontage controlled by the operator��

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Alcoholic Beverages Þ Alcoholic beverages can only be served within the sidewalk café if permitted by State law.

Þ Alcoholic beverages cannot be consumed in a public space

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ADA Requirements

Þ All ADA requirements for the existing building must remain intact.

Þ All elements of the sidewalk café shall be constructed and/or installed to conform to the applicable provisions,

rules, regulations, and guidelines of the Americans with Disabilities Act (ADA).

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Insurance

Þ No license shall be granted for a franchise area unless the licensee files with the city manager or city manager’s designee a certificate of liability insurance or other proof of insurance in a form acceptable to the city’s risk man-ager confirming that the applicant has procured the insurance required by Section 29.101 of The Code of the City of Anniston. If the policy is not kept in full force and effect throughout the term of the license, the special use license shall automatically become void and the improvements must be removed at that time.

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REMOVAL

Þ If for some reason you decide you no longer want to keep your sidewalk café, you are re-sponsible for removing it. Removal requires an additional permit from The Building & Safety Division. Contact at: (256) 231-7720.

Þ If the business closes for any reason, it is the businesses responsibility to remove the sidewalk

cafe

Þ The public area of the sidewalk café will be inspected, after removal, and any damage caused

by the café must be repaired at the licensee’s expense.

Þ All holes caused by fencing must be repaired at the business owners expense.

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The Sidewalk Café Manual is a comprehensive overview of the goals, policies, processes, procedures, and guidelines for creating a sidewalk café in Anniston. The guidelines also serves as a resource for those outside of Anniston working to establish a sidewalk café program in their own cities.

Applicants and designers in Anniston are strongly encouraged to read Chapter 29, Article VII and this Manual in their entirety when they are first thinking about proposing a sidewalk café, and to refer to it often throughout the process. Understanding what the program is trying to achieve and the process and regulations for a successful sidewalk café may reduce the time it takes to receive a license, and will likely result in a superior sidewalk café design.

The City of Anniston values and appreciates your willingness to devote your time, creativity, and resources to creating a sidewalk café at your business. We look forward to collaborating with you on your sidewalk café, if you have any ques-tions, start by contacting the Building & Safety Division at the number below.

Contact InformationBuilding & Safety Division—256-231-7720 permitting@annistonal.gov

Building Inspector— 256-231-7724 Lee Willis

lwillis@annistonal.gov

Fire Marshal—256-231-7650

Jeff Waldrep jwaldrep@annistonal.gov

Engineering—256-231-7750 Lance Armbrester

lambrester@annistonal.gov

Business License—256-231-7718 Licensing@annistonal.gov

Planning & Development—256-231-7720

Toby Bennington tbennington@annistonal.gov

Main Street Director—256-231-7704 Reilly Johnson

rjohnson@annistonal.gov