MOUNTAIN BROOK CITY COUNCIL PRE-MEETING AGENDA PRE-COUNCIL ROOM (A106) CITY HALL 56 CHURCH STREET MOUNTAIN BROOK, AL JANUARY 13,2014 6:00 P.M.

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1 MOUNTAIN BROOK CITY COUNCIL PRE-MEETING AGENDA PRE-COUNCIL ROOM (A106) CITY HALL 56 CHURCH STREET MOUNTAIN BROOK, AL JANUARY 13,2014 6:00 P.M. 1. Traffic control recommendations on Fairmont Drive - Chief Cook. (See attached information.) 2. Request by James Lowery to place signs along the historic Birmingham Mineral Railroad route - Dana Hazen. (See attached information. This item could be added to the formal agenda.) 3. Dog Waste ordinances of other cities - Nathan Kelley, City Management Intern. (See attached information.) 4. Three-way (3) stop request at Dexter Avenue and West Montcrest - Chief Cook. (See attached map.) 5. Mobile communications small antenna network development - Steve Boone. (See attached information. This item could be added to the formal agenda.)

2 Page 1 of 1 Sam Gaston 0- From: Sent: To: Subject: Ted Cook Friday, December 20, :51 AM Sam Gaston Fwd: Traffic Count Fairrnont Drive Attachments: 100 Block Fairrnont Drive Speed.pdf; ATT00024.htrn; 100 Block Fairrnont Drive Volurne.pdf; ATT00027.htm; 100 Block Fairrnont Drive 12-2G13.doc; ATT00030.htrn Looking at the data, only 7 of the vehicles were traveling more than 10 mph over the speed limit and none of those were more than 15 mph over. See the Word document attached. Sent from my ipad Begin forwarded message: From: Jay Williams <wii1iamsio.mtnbrook.org> Date: December 20,2013 at 9:20: 14 AM CST To: Lt Greg Hagood <ha~oodrr@,mtnbrook.org>, Ted Cook <cookto.mtnbrook.org> Subject: Fwd: Traflic Count Fairmont Drive Traffic Count fairmont Forwarded message From: Jason Rhoads <rhoadsio.mtnbrook.org~ Date: Fri, Dec 20,2013 at 4:00 AM Subject: Traffic Count Fairmont Drive To: Jay Williams <williamsi@,mtnbrook.org> Cc: Jason Carmack <carmacki@,mtnbrook.org> - Per your request. -- Sgt. Jason Rhoads Mountain Brook Police Department 101 Tibbett Street Mountain Brook, AL (desk) (cell) (fax) rhoadsi@,mtnbrook.org -- Lieutenant J.C. Williams Mountain Brook Police Department 101 Tibbett Street Mountain Brook Alabama Office williamsi@,mtnbrook.org

3 Memorandum To: Lt. J. Williams From: Sgt. J. Rhoads Date: Re: Tr&c Count Block Fairmont Drive Per your request I conducted traffic count on Fairmont Drive. Data was gathered concerning speed and volume. The following data was gathered: Vehicles counted Average speed mph mph mph mph Peak time Southbound 530 m3h # Yo Rush hours Northbound 581 mph # Rush hours Yo O # Total Mph Yo Rush hours Northbound traffic flows from Euclid Avenue Southbound traffic flows from Lorena Lane Conclusion: This study began Friday December 1 3 and ~ continued through Thursday December 19~. Peak travel times for the weekdays included morning rush hour. Traffic volume also peaked in the afternoons during school pickup. During the two weekend days, traffic volume was heavier around lunchtime. Note: Speed limit 20 mph. Cc: Chief T. Cook Captain G. Hagood

4 Historic Birmingham Mineral Railroad (BMRR) (Birmingham Mineral Railroad Company, a Division of the Louisville and Nashville Railroad Company) Signs Proiect Pro~osal (Could become part of a more extensive "Alabama Rail Trail") DRAFT as of December 8,2013 Prepared by James Lowery JLower~2@mail.com Home (205) Cell (205) Background and Purpose of Project People drive, walk, and bicycle every day in areas where the historic Birmingham Mineral Railroad (BMRR) ran throughout the Birmingham and surrounding areas without ever being aware that the BMRR was located in those places. Birmingham's iron history is an important part of its overall history, and the BMRR was a significant part of that iron history. The network of rail lines that constituted the BMRR and its various branches transported the raw materials from the mines and quames to the furnaces, coke from the coke ovens to the furnaces, and products from the various facilities to major rail lines that connected to points across the Birmingham area and beyond. The BMRR connected virtually all of the Birmingham area's iron industry's major facilities during the heyday of its operation. The BMRR was an extensive system of rail lines often referred to as the "Birmingham Mineral Belt." Use of the Birmingham Mineral Railroad continued in various forms and locations throughout the peak of Birmingham's iron ore mining and iron and steel production era. The era covered by the historic BMRR generally began with the building of the first segment (branch) in 1884 and continued with additional branches being added and used until they were retired or abandoned at various times, with at least one branch continuing to be used to handle light industrial materials until its retirement in Even today, some segments of the BMRR are still in use as portions of active railroad lines in the Birmingham area. Education about, and awareness of, the BMRR locations would go a long way toward educating the general public, tourists, teachers, students, and historians about the BMRR system and its role in the Birmingham area's history. Project Description This project involves having signs installed at various locations around Birmingham and the surrounding area where the Birmingham Mineral Railroad ran so that people will become

5 more aware of that part of this area's history. The signs would be installed in high-visibility areas such as along Montclair Road, in English Village, on Ruffner Road, on Highway 23 1 near Oneonta, in parks related to the area's iron history, etc., where a lot of people in cars or on foot would see the signs. In some ways, the signage and information provided by this project could be thought of as an "urban trail." In some places, it will naturally connect to existing urban trails such as the Vulcan Trail along Red Mountain, which is a walking trail on the roadbed of the original BMRR. It also could become part of an "iron history trail" if such is developed in the Birmingham area and an "Alabama Rail Trail" if such is developed across the state. More broadly, the BMRR Signs Project could be part of Alabama's overall eco-tourism efforts. In addition to persons in vehicles driving by, and seeing, the BMRR signs and learning about that part of our history, local bicyclers and urban hikers might be interested in following the routes of the BMRR and learning about that part of our history from the signs and website that would be part of this project. Some of the locations that the BMRR connected to are now parks and nature preserves related to the area's iron history, so the BMRR routes and sites could once again tie those parks together for the general public, tourists, bicyclers, hikers, etc. Also, it is envisioned that people involved in geocaching would welcome the BMRR information and sites as locations they could use. Geocaching websites often include information about a site, and that could be provided as part of this signage project. As part of the signage, the name of the Branch that ran in that location and the dates the Branch was "active" in hauling minerals and ores in the Birmingham area would be listed. In this way, people who are interested in more detailed history of the area could learn of the various aspects of the BMRR and the places that it connected. It is envisioned that the beginning date and ending date of each branch also would be indicated on the signs so that people could begin to understand the era in which this rail line was active and was used. Initial Locations of Signs Approximately 50 locations around the Birmingham area and into the Oneonta, Helena, and West Blocton areas have been identified as possible locations where the signs could be installed initially. A draft list of those initial locations and correlative information is attached to this project proposal. (If the proposal is ed, the attachments are sent in separate files.) It is envisioned that the list will expand as more locations for the signs are identified and as additional funds become available for purchase and installation of the signs. For planning purposes, BMRR branches that have been identified thus far as ones along which signs would be installed initially are as follows: Red Gap Branch Gate City Branch North Branch South Branch Huntsville # 1 Branch

6 Huntsville #2 Branch Helena and Blocton Branch Pioneer Branch (possibly) BB&B (Brierfield, Blocton, and Birmingham) Branch There are other branches and short spurs that were part of the BMRR, and other locations for the signs will be explored along those routes in the W re such as when trails and greenways are developed that intersect the former BMRR routes. The primary consideration for sign locations is to place them where a lot of people will see them or where there is a now-public facility that had its origin in Birmingham's iron history. Design of Signs It is envisioned that the signs that would be installed as part of this project would be installed similar to "Speed Limit" signs alongside streets and roads with a channel post holding the signs in a similar way that "Speed Limit" signs are erected. The signs for this project would be structured as follows. (See also photographs attached to this proposal for examples of similarsized existing signs. If the proposal is ed, the attachments are sent in separate files.) Main large sign -- same at all locations -- probably 18 inches wide by 24 inches high Contents and wording: [logo at the top] (All would be centered Historic on sign.) Birmingham Mineral Railroad Site [possibly L&N Historical Society logo] Smaller "Sub-signs" -- There would be smaller "sub-signs" installed below the main large signs. These smaller signs would be about 18 inches wide by 8 to 10 inches high and would have the purpose of delineating the following: 1. One sub-sign would designate the particular branch of the BMRR that ran at that location and the dates that it was in existence (or in operation) 2. One sub-sign would list the URL for the website at which could be found additional information as indicated in the website section of this proposal. It is envisioned that each such sub-sign also would include a QR code for connecting to the website. 3. An optional sub-sign would be used at locations where signs are installed not at an actual location where the BMRR ran but, instead, at a location nearby. Such sub-signs would contain an arrow pointing in the direction of where the BMRR actually ran and a notation of how far away it was (for example, 114 Mile ====> ). An example of a location where such a sign might be installed would be at the Birmingham Zoo or its entrance. That sign would point toward nearby English Village where the BMRR ran and where a sign also would have been installed.

7 Possible Logo A logo for the project and signs has been proposed that will represent the BMRR's role in the area's iron history. The proposed logo ties the area's iron-related mineral and ore mining to the railroad facilities that transported those minerals and ores. Ongoing Sign Monitoring and Maintenance Plan Every installed sign will be visited and inspected at least once a year. Signs requiring cleaning will be cleaned with an appropriate cleaning agent. Signs will be purchased with a protective coating that will allow them to be cleaned easily and often. Signs needing to be replaced will be ordered, and replacements will be installed. Maintenance on installed signs needed because of fading, damage, missing signs, damaged posts, posts out of vertical, etc., will be performed or will be requested of the original installing entity. Officials at parks or similar locations where signs have been installed will be expected to monitor the signs at their facility and to report any problems they find. Likewise, private property owners where signs have been installed will be requested to monitor the signs and to report problems for correction. Whenever the information on the smaller sub-signs that were installed below the large signs becomes obsolete or changes, replacement sub-signs containing the current information will be purchased and will be installed on the posts in place of the signs containing the out-ofdate information. The overall budget for the signs project includes an entry for monitoring and maintaining the signs. Possible Internet Presence and Website It is envisioned that the Internet/World Wide Web presence would include the following major components: 1. A map showing locations of the signs, GPS coordinates (latitudellongitude), the name of the Branch that ran there, etc. 2. Each location of a sign on the map could be "clicked on" to bring up additional information about that BMRR route, dates of operation, site or facility information, and historical photographs of that site (in some instances, "then and now" photographs). 3. General information about the area's iron history. 4. Locations of current historical facilities, parks, etc., that help to tell the story of the area's iron history and links to the websites of those facilities, parks, etc. 5. Additional resources and links for learning more about the area's iron history and the BMRR.

8 As indicated elsewhere in this proposal, the small sub-signs on each sign post would contain the website address and a QR code that would connect to the Internet website. If it is appropriate, links could be made to local geocaching websites or from those websites to this one in order to encourage use by geocachers. Brochure In addition to a website, it is anticipated that a brochure explaining the BMRR and with a map of the sign locations would be developed that could be placed at locations such as the Leeds Depot, Bessemer Hall of History, Heart of Dixie Railroad Museum, Alabama Welcome Centers, etc. Supportive Organizations and Individuals Thus far, the following have expressed their support of this project by providing information, contacts, votes of support, in-kind assistance, financial assistance, etc. (Lists will be developed further as organizations are contacted for support and assistance.) Endorsements Railway & Locomotive Historical Society -- Mid-South Chapter Board of Directors Birmingham History Center Organizations Plans are to contact organizations such as the following for their endorsement or support of this project: Freshwater Land Trust (Red Rock Ridge and Valley Trail) Railway & Locomotive Historical Society - National Board of Directors Louisville & Nashville Railroad Historical Society (The BMRR was part of the L&N Railroad Company.) Society for Industrial Archaeology (Southern Chapter or local contacts) CAWACO RC&D (Resource Conservation and Development) REV Birmingham (Revive Birmingham) Boatright Enterprises, Inc. Bessemer Hall of History (located in the historic Bessemer Depot) Red Mountain Park Vulcan Park Railroad Park Sloss Furnaces National Historical Landmark Ruffner Mountain Nature Center Tannehill Ironworks Historical State Park Brierfield Ironworks Historical State Park Jefferson County Historical Association

9 Birmingham Historical Society Heart of Dixie Railroad Museum Blount County Memorial Museum Blount County Historical Society Alabama Historical Commission Shelby County Museum Trail (under development) Birmingham Neighborhood Associations in the areas where the signs would be installed Eco-tourism efforts such as are being explored by several state agencies Mayors of localities in which the signs would be installed (for example, Mountain Brook, Birmingham, Irondale, Trussville, Pinson, Tarrant, Oneonta, Helena) Individuals There are many individuals in the Birmingham area who are knowledgeable about the Birmingham Mineral Railroad, its routes, and its history, and they will be asked to provide information about the BMRR and assistance with various aspects of this project. Also, officials such as the mayors of several of the locales where signs are to be installed will be asked to support the project by facilitating, or providing, the installation of the signs on street or highway right-of-ways in their jurisdictions. For signs to be installed on state highway right-of-ways, ALDOT officials will be contacted for permission. Individuals who already have provided valuable information and assistance are as follows: Marty Schulman Jeff Newman Marvin Clemons Lyle Key Eric McFerrin Stan Burnett John Stewart Patti Pennington Erskine Ramsay Ryan Parker Stan Moss Costs For initial planninn purposes, rough estimates of project costs are as follows: Purchase and installation of signs included in "phase 1" $5,000 Initial development of map and basic information on website $2,000 Purchase and installation of signs included in "phases 2 and 3" $5,000 Further development of website materials and information $2,000 Miscellaneous costs for map scanning, reproduction, etc. $1,000 Ongoing annual monitoring and maintenance of installed signs $2,000 TOTAL $17,000

10 Attachments (NOTE: If the proposal is ed, the attachments are sent in separate files.) List of initial locations for the signs and correlative information Photographs of examples of similar-sized existing signs

11 sign for historical purposes.

12 Example of stacked signs. NOTE: Size and proportions would be similar to these but different.

13 Loogle earth meters feet,

14 Google earth meters feet

15 Google earth meters feet

16 Googleearth meters feet 300 loo

17 Example of 18 inch by 24 inch sign and wording that would fit on it.

18 IExample of sign and approximate size.

19 Historic Birmingham Mineral Railroad (BMRR) (Birmingham Mineral Railroad Company, a Division of the Louisville and Nashville Railroad Company) Sign Locations Prepared by James Lowery with information from Marty Schulman, Jeff Newman, Stan Burnett, and Bob Yuill DRAFT as of December 8,20 13 NOTE: "P" in "Initial Priority" column indicates that the location is a park, generally associated with Birmingham's iron history. Initial Sign Governmental BMRR Contact Number Priority Current Site Location Jurisdiction Branch Sub-sign Notes Information of Signs 1 P Red Mountain Park In Park Park Officials South (At kiosk & where trails cross BMRR) Park officials Eric McFerrin? decide locations Venice Road (near Red Mountain Park) Street Edge Birmingham South Where South Jeff Newman 1 or2 Branch crossed Venice Road 1 P Railroad Park In Park Park Officials Railroad Reservation 2P Birmingham Amtrak Station Platform Amtrak Railroad Station OR trackage Reservation (after renovation?) owner Park officials decide location Amtrak or Station Manager decide Location 1P Sloss Furnaces In Park Park Officials Reserved for Mechanical Enterprises Park officials decide location

20 Initial Priority Current Site 2?P Ruffner Mountain Nature Center (Birmingham side of mountain) Sign Location In Park - Near nature center building Governmental Jurisdiction Park Officials BMRR Branch Gate City Contact Number Sub-sign Notes Information of Signs Arrow and Park officials Interim Director? 1 1 (?) Mile decide location 1P Ruffner Mountain Nature Center (Irondale side of mountain) Eastern Trail Head Parking Lot on Ruffner Road Park Officials Gate City Interim Director? 1 1 P Ruffner Mountain Nature Center (Irondale side of mountain) Western Trail Head (Across from ball fields) Park Officials Gate City Interim Director? 1 1P Ruffner Mountain Nature Center (Irondale side of mountain) Along trail to wetland Park Officials Gate City Interim Director? 1 1P or 2P Trussville (downtown park beside Cahaba River) In Park Trussville Gate City Park officials Mayor Gene 1 decide location Melton 2 Crestwood Boulevard (U. S. Highway 78) at BMW Motorcycle Dealership Street Edge Birmingham (possibly also ALDOT) Red Gap This is U.S. ALDOT? Highway 78 so ALDOT may have to approve. Below Trinity Hospital at Walking Trail Trail Head Birmingham OR Private Red Gap Trail head is probably private property. Below Trinity Hospital along Montclair Road Street Edge OR in Clearing Birmingham OR Private Red Gap Cleared set-back of trees is optimal.

21 Initial Sign Governmental BMRR Priority Current Site Location Jurisdiction Branch Sub-sign Notes Contact Information Number of Signs 1 Levite Jewish Street Edge Birmingham Red Gap Community Center 1 Morningside Drive Street Edge Birmingham Red Gap behind Crestline Post / Office L/f Across Morningside In triangular Mountain Red Gap Drive from Crestline grassed area Brook OR Post Office Private Arrow pointing up Morningside Dr. Mayor Terry 1 Oden 1 P Triangular Park at intersection of Country Club Road and Montclair Road Park Entrance Private Red Gap Bernard Frei 1 l/i/ 2?P Ramsay Park Country Club Road just after Montclair Road intersection Parking Lot Edge Birmingham Red Gap OR Beside Park Parks and Sign Recreation Street Edge Mountain Brook Red Gap Mayor Terry 1 Oden L// English Village Street Edge Mountain Brook Red Gap Mayor Terry 2 Oden L/( Oxford Road between Street Edge Sterling Road and Carlisle Road Mountain Brook Red Gap Mayor Terry 2 Oden Carlisle Road Near Montrose Place South Street Edge Birmingham Red Gap This is near the Hedona Mine site.

22 Initial Priority Current Site Sign Location Governmental BMRR Contact Number Jurisdiction Branch Sub-sign Notes Information of Signs Vulcan Park In Park Park Officials Red Gap Park officials decide location Vulcan Trail Vulcan Trail (western end) Trail Head (on Richard Arrington Boulevard) Trail Head (western end) Birmingham Red Gap 1 Birmingham Red Gap 1 Green Springs Highway (Just north of crest of Red Mountain) Street Edge Birmingham Red Gap (possibly also ALDOT) This is Alabama ALDOT? 2 Highway 149, so ALDOT may have to approve. Birmingham Botanical Gardens Birmingham Zoo Birmingham Zoo Entrance on Cahaba Road Near Main Building Near Ticketing Entrance Cahaba Road Entrance Park Officials Red Gap Arrow and Garden officials Fred Spicer 1.6 Mile decide location Park Officials Red Gap Arrow and Zoo officials.8 Mile decide location Park Officials Red Gap Arrow and Zoo officials.6 Mile decide location Woodlawn United (Revive Woodlawn) (revitalization area) Street Edge 1 st Avenue North OR street nearest BMRR location Birmingham Gate City REV 2? Birmingham (Revive Birmingham)

23 Initial Priority Sign Governmental BMRR Current Site Location Jurisdiction Branch Sub-sign Notes Contact Information Number of Signs Entrance to Gate City Near "Pride in Birmingham Gate City Neighborhood Gate City sign on Georgia Road at Brussels Avenue Pinson Park at southwest Pinson comer of Center Point Road and Main Street (SEE NOTES) Huntsville #2 Alternate or additional locations are City Hall or Library or antique shop Mayor Hoyt 1 Sanders or more Irondale Railroad Viewing Irondale Gate City Arrow and (Historic Downtown) Platform 1 /4(?) Mile Irondale Street Edge Irondale Gate City (on Georgia Road near Ruffner Road) Mayor Tommy Joe Alexander Mayor Tommy Joe Alexander I I 1 Irondale Triangular grassed Irondale Gate City Arrow and (Crestwood Boulevard Area (possibly also 1 /2(?) Mile at 16th Street South) ALDOT) 1 Bessemer Hall of Near Building or Bessemer Hall North History Across the Street of History Museum officials decide location Mayor Tommy I? Joe Alexander Hall of History 1 Director 1,2, and 3 Red Rock Ridge and Valley Trail Places where trails Various Various cross the former BMRR railbed. Ryan Parker, Freshwater Land Trust Varies

24 Initial Priority Current Site Sign Governmental BMRR Location Jurisdiction Branch Sub-sign Contact Number Notes Information of Signs 1 or 2 Helena Hiking Trail Trail Head Helena Helena and (at Highway 52 Blocton and Hillsboro Parkway) Trail is on former BMRR right-ofway. Additional locations along trail also may be appropriate. 1 or more 2 or 3 Helena (future hiking trail along Buck Creek) Trail Edge (places where trail crosses the former BMRR railbed) Helena Helena and Blocton Trail is being planned 1 or more Oneonta (downtown) Beside existing historical marker Oneonta Huntsville #2 Stan Burnett and Blount County Mem. Museum Director 2 backto-back on same post Highway 23 1 (south of downtown Oneonta) Highway Edge (at both ends of curved bridge) Oneonta and ALDOT Huntsville #2 Stan Burnett, 2 Blount County Mem. Museum Director, and ALDOT Altoona Street Edge Altoona Huntsville #2 See Altoona history book. Remlap Highway Edge ALDOT (On Highway 75 near intersection of Pine Mountain Road) Huntsville #2 Location is approximately at mile marker ALDOT

25 Initial Priority Current Site 1 or 2? Tarrant (Highway 79 at Dolcito Quarry?) Sign Location Highway Edge Governmental Jurisdiction Tarrant (possibly also ALDOT depending on sign placement) BMRR Contact Number Branch Sub-sign Notes Information of Signs Huntsville #2 Sign could be Vulcan Materials 1 placed near the if sign is placed small switch engine on their property. in front of quarry. 2P or Tarrant In Park 3P (Chief Wm. C. "Billy" Hewitt Park) 3P Turkey Creek Preserve In Park Tarrant BSC Southern Environmental Center OR Freshwater Land Trust Huntsville #2 Arrow and Park officials 1 (?) Mile decide location Huntsville #2 Arrow and Park owners decide Roald Hazelhoff 1 1 (?) Mile location - may be Freshwater Land Trust Fairfield (on Valley Road near U. S. Steel Plant) Street Edge Fairfield Huntsville #1 2 Ensley (near former Ensley Steel Plant) Street Edge Birmingham Huntsville #1 1 Fultondale (on U. S. Highway 3 1 near coke ovens) Highway Edge Fultondale (possibly also ALDOT)???? Huntsville #1???Served the City of 2 coke ovens Fultondale beside Five Mile and ALDOT Creek 3 Pratt City Street Edge Birmingham Huntsville #1 Arrow and Revitalization area? 2 Miles 2P or 3P West Blocton Coke Oven Park In Park AND at Park Entrance West Blocton Helena and Blocton Park officials decide location

26 Initial Sign Governmental BMRR Contact Number Priority Current Site Location Jurisdiction Branch Sub-sign Notes Information of Signs 2P Tannehill Ironworks In Park Tannehill State Pioneer? Arrow and Park officials Tannehill State I Historical State Park Park -? Miles decide location Park Director 2P Bierfield Ironworks In Park Bierfield State????? Historical State Park Park Brierfield, Blocton, & Birmingham (B.B.&B.) Park officials Bierfield State 1 decide location Park Director Woodstock at Eastern Valley Road - Switch Location Street Edge???? Brierfield, Blocton, & Birmingham (B.B.&B.) Alabama Highway 5 Highway Edge ALDOT Near Woodstock????? SEE Arrow would ALDOT Brierfield, NOTES Point toward Blocton, & Eastern Valley Birmingham Road switch (B.B.&B.) location. 3P Oxmoor Cemetery Street Edge OR In Cemetery Birmingham OR Cemetery Owners South Arrow and After cemetery is Jeff Newman 1 distance, developed? if needed 2 & 3 Five Mile Creek Greenway Trail Edge andlor Trail Heads Various Huntsville #2 AND others it crosses Throughout CAWACO Varies development of the greenway

27 Animal Waste Policies * Find out what policies exist, then find out if they are enforced, then find out what laws enforce them. I. City-Wide Policies 1) Vestavia "Owner must pick up any solid excrement." - Jason Burnett A) Originally, under, Ordinance # 2098, Sec Dog being a public nuisance (and possibly affecting safety of people) and at large will lead to impound of dog and fine of owner. - Punishments: Sec B) ** Ordinance # 2265 Section f. - However, part 3 of section f says that while it is unlawfid, "no prosecution shall be commenced and no arrest made pursuant to this section except upon affidavit made before and warrant issued by a municipal judge or magistrate. - Section N determines how any citizen can make a proper complaint to pursue a court summons. The court appearance allows the Judge to determine whether guilty or not as well as what the punishment is for a guilty Party. C) END RESULT: It is illegal, but only punishable with a court summonsfiom a complaint. 2) Homewood A) Article 2: Offenses related to Animals a) Section 4-3: Public Nuisances [sec. 2 & 3: offensive or dangerous to public health] * If dog is impounded, owner pays the fees to get it out. b) Section 4-24: Mandatory for the owner or persons in charge of animal to clean up feces; failure to do so can open an investigation by the city andlor health departments. c) Section 4-34: Summons to court * * * Almost identical to Auburn's punishment policy. 3) Hoover * Nothing about feces was mentioned on their webpage. Only topics mentioned were dogs at large, barking, and vaccinations * Could not get access to their municode page. 4) Zrondale A) Section 3-4: Requirements for proper disposal - Exempt if owner is disabled.

28 B) List of offenses: lst offense $50, 2nd offense $1 00,3" offense $150, 4m (+) $400 5) Pelham A) Ordinance # 1 16: There is no mention of fecal matter responsibility, but dogs are not allowed in any municipal or mini-park. * * Double check this 11. Alabama (Cities across the State) 1) Auburn (sources fiom Kevin Cowper, which led me to start using Municode.com) A) Sec : No dogs ever in public athletic fields or facilities; unleashed dogs only allowed in dog parks. B) Sec. 4-19: No persistent bark in public; duty of owner to dispose of feces. C) Section 4-26: Court appearance mandatory. * Ties to section 1-9: Max fine is $ and up to 6 months in jail; at judge's discretion. Montgomery A) Sec. 4-2: [part A is punishments] 1' offense $50, 2nd within 12 months $ minimum, and 3rd (+) violation within 12 months is minimum of $500 B) Sec. 4-3 part a, #2, animal being public nuisance by creating unsanitary conditions. C) Sec 4-3. part b # 1 :Warning of complaint; if happens again within 7 days the owner must appear before municipal court via summons and proof of initial warning. 3) Huntsville * A) Section 5-48 Part B: It shall be unlawful for any person to fail or refbse to remove such feces; however, no prosecution shall be commenced and no arrest made pursuant to this section except upon affidavit made before and warrant issued by a municipal judge or magistrate. 4) Fairhope A) Section 5-10: Pets constituting nuisances B) Section 5-21 : Citations; issuance for violations. The animal control officer, other municipal enforcement officers and the police are hereby authorized to issue municipal offense tickets for violation of provisions herein, as provided in section of this Code. However, nothing herein shall be construed to prohibit the immediate issuance of a warrant of arrest for any person where there exists probable cause to believe that such person has violated any provision herein.

29 111. Cities across the Country (similar Demographics) 1) Brentwood, TN A) Under Ord # , Sec. 10-2, an animal is a nuisance if it creates an odor B) Violation under sec * * Unique way of handling punishments. 2) Birmingham, MI ) Summit, NJ * 17fdefault.aspx A) a & b; 1 offense: $35; subsequent offense $50

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31 Steve Boone CMA Small Cell Project 1 message Paul Rbynolds *paul@cme-ind.com* To: boonss@mtnbrod<.org Cc: odells@mtnbmk.erg, Doug Brewer ~dougbrewer3684@yahoo.com> Steve, Fri, Jan 3,2014 at 2:08 PM I appreciate you taking my call the other day. Per your request, bebw is a brief sunrmary of CMA's proposed project. As wireless techlogy forges forward one of the critical challenges for the carrim is providing more ;mtenna access to an ever larger growing number of wireless consumers. We can expect to see even more devices connected to the wireless infrastructure in the near m e. Devices that are on the plsnnbog tables today our items such as IP addresses for cars, intelhgent build@, traffic hghts, vending machines, HDTV's, and other devices using wireless infirastructure to communicate with central systems. Today, the "cloud" i starting to make its presence known m the IT world. This infi.astructure will only increase the demand for this wireless infiastnu:ture. The caniers are looking to provide more towers to accommodate this increasing demand for wireless devices. Regardless of whether the city endorses this plan, or not, the caniers will be providing more antennas throughout the Mountain Brook area. What CMA is proposing is to develop a plan for the city to benefit both fmencisny and through systems integration with the introduction of these new antenna systems. They win be provided by the carrier and CMA is proposing tbat the city abws his to happen with the appropriate p b g through CMA's intellectual insight. We will act as a member of the city to protect the aesthetics while promoting wireless conmnmications throughout the area This will become increasingly important for schools as well as benefits to areas like parks and hipal buildings. There will be no cost to the city for this program at any point during CMA's agreement. It is our objective to generate revenue that would not otherwise be available through these efforts.

32 1k4 CHydMantein BrookMail - CMA MI Cell Project Below are some examples of ways we may be able to disguise these antemas in order to mitigate any negative exposure. We believe that wireless idhtructure is just at the very begirming stage of what is to come. Those cities which embrace the planning of this technology will benefit greatly both for the city and its constituents. Examples bebw: Integrated into the light fixtute Part of the Light Fixture httpejhreil.g~~e.~vuw)ui=2&icol587315alw~~~~i~2f&~ch=ceteth=l~

33 BrodtMall - CMA Smell Cell Rcject L. Real IHe installation Antenna as part of the fixture hltpsjhneil.goag l aconjmail~=21libol587315al&\i(m~l~&~ch=cat81lr=l~

34 ----LI City of Mountain Bradr Mail - CMA Smell Cdl Project Small cell at street comer Also attached is CMA's general agreement. CMA will consult and seek appnnal from the city before any actual installations are implemented. This will be addressed under a separate lease agreement between the city, CMA, and the senice prwider. Keep in mind we see ourselm as an arm of your department with IT and finance might. Please let me know if I need to pmwde any additional inbnnation. Thank you. Peul Reynolds -Mall: Pa~dr$cmaind.com Web Site: CMA-Ind.com

35 Cltyof Mounaaln RrookMsil- CMA Smell Cell Project

36 IN14. City of Mounain BrodcMail - CMA's agreement with Mantain Steve Boone <boones@mtnbrook.orgz CMA's agreement wlth Mountain Brook 1 message Paul Reynolds epaulracrna-ind.com> Mon, Dee 16,2013 at 4:13 PM To: boones@mtnbrook.org Cc: odells@mtnbrook.org, abang@mtnbrook.org, Doug Brewer ~dougbrewer3684~ahoo.com~ It was a pleasure meeting with you, Stew, and Gilbert this morning. I appreciate your insight on the best path mdng forward. Attached is CMA's agreement in Microsoft Word for your dew. As I shared with you earlier today, CMA is receptive to any changes necessary in order to satisfy the city's requirements. At M A, our objectiw is to be a valued resource to the city by pmiding our expertise in the industty and sharing insight in the placement of small cells utilizing city assets. The attached agreement simply allows CMA to engage the caniers and to report back to you and your team on the array of options awllable. We will ptotlde our ewaluation of proposed sites and insight on how to lewrage this opportunity to pdde the city reuenue and advanced 4G cowrage. We can also include the city's Wi-Fi objectiws in our efforts in pmuding this admced wireless communications. As discussed in the meeting today there will be absolutely no cost to the city at any point. It is our mission to pro\ade mue that would not otherwise be a\allable and to protect the interests of the city in the deployment of small cells. The carrier has informed us of two areas that are in great demand for placement of small cells, one of which is Mountain Brook and the other city is currently in the final stages the agreement process. Once CMA and Mountain Brook enter into an agreement I will be more than happy to share additional information with you as we mow foward. Thank you for your time and please let me know what other information i can provide you with in order to expedite this process. I am available for a short presentation before the Council if you deem it necessary in order to better explain the details of this program. Paul Reynolds MlpsJ/man~00glacarJmaiV~=~tO a1&~~~=~~P~~~~142MI8ald8beOn

37 1W14 President Cltyaf Mantain BrccltM&l- CMA's agreement with McuaEdn Brodc Web Site: CMA-lnd.com Tel # reement with Mountain Brook AL.docx

38 MUNICAPALITY REPRESENTATION AGREEMENT This agreement entered into as of, 2013, is by and between City of Mountain Brook, AL a Municipality organized and existing under the laws of the State of Alabama (hereinafter referred to as City), and Communication Management Associates, Inc. (hereinafter referred to as CMA). WHEREAS, The City is a Municipality which owns certain Properties and Rights of Way that can be utilized for wireless communication infrastructure; and WHEREAS, The City and CMA desire to enter into a relationship, whereby CMA will promote the lease of these Municipal properties by wireless communications companies and others in the gwgraphical areas hereinafter described, upon the terms and conditions hereinafter set forth. NOW, THEREFORE, for good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, it is mutually agreed upon as follows: I. TERRITORY CMA will market, lease and manage wireless sites and infrastmcture including DAS (Distributed Antennas Systems), Micro Cell and Wi-Fi networks on properties as described by the municipality. (See attached). See Attachment "A" 2. DUTIES OF CMA CMA will use its best efforts to market, lease and manage the construction and maintenance of wireless sites and infrastructure including DAS/Micro Cells and Wi-Fi networks. See Attachment "B" 3. FINANCIAL CONSIDERATION Subject to the terms and conditions of this and contracts to be negotiated and executed subsequently, The City will receive 60% of all leasellicense rental income for the properties leased/licensed as a result of this Sole Source Representation Agreement. This agreement is governed by the laws of the State of Alabama. 5. TERMINATION This agreement is valid for Five (5) years from date of execution and will automatically renew unless stated otherwise in writing Ninety (90) days before termination date. It can be terminated by either party if the other party is in Material breach of the agreement.

39 6. TIhE OF COMMENCEMENT The services to be rendered under this agreement shall commence upon execution by all Parties. 7. WGHT OF FIRST REFUSAL At the conclusion of this agreement, and in the event that the City is offered similar products or services from a third party, the City shall give Right of First Refusal to CMA on the same terms and conditions at least 90 days prior to the terms hereof. 8. NONCOMPETE COVENANT For a period of five (5) years after the effective date of this agreement, the City will not directly or indirectly engage in any business that competes with the CMA. This covenant shall apply to the entire geographical area that includes the City or any areas that may be subsequently annexed to the City. Prior to the expiration of or termination of this m e n & no action by the City, including entering into any agreement to engage in any similar 4G program with any competitor to CMA or any Carrier, shall interfere with the CMA's Access Right or ability to realize revenues with respect to any existing agreements between CMA and the Carriers, and the City shall indemnify CMA or against any loss of expected revenues over the term of this agreement arising fmm the loss of the Access Right or the termination of this agreement 9. JNDEMNlTY AND SAVE HARMLESS AGREEMENT CMA agrees to indemnify and save harmless the City, its officers, agents and employees from any liability arising from the negligence, active or passive, of CMA, its officers, agents and/or employees related to this agreement. The City agrees to indemnify and save harmless CMA, its officers, agents and employees from any liability arising from the negligence, active or passive, of the City, its officers, agents and/or employees related to this agreement. 10. ENTIRE AGREEMENT This Agreement embodies the entire agreement between the parties hereto, and there are no verbal or collateral agreements between them. All preliminary negotiations, representation and discussions are deemed merged herein. This Sole Source Representation Agreement may be altered or modified only in writing and signed by all parties hereto. IN WITNESS W?EREOF, the parties have executed this Agreement in first written., on the date and year above City of Mountain Brook, AL By: Title: CMA, hc. By: Title: WITNESS WITNESS

40 Attachment "A" To Be Detennined by Carriers and City of Mountain Brook, AL.

41 WIRELESS /NFRASTRUd7-URE Attachment '93'' &o~e of Work CMA will perform the following task: 4 Conduct an inventory of assets belonging to the municipalities. This shall include defining their latitude, longitude, and elevations. 4 Determine which of the assets can support attachments for micro-towers andlor DAS systems to be used by the carries for the development of the 4G model. 4 Locate all known fiber routes both underground and aerial. Along with the route define if the fibers an lit and dadt and where the termination facility is located. The development of this overlay will establish the best method and location of both the microtowers andlor DAS. 4 Once assets and facilities are determined CMA shall actively market the municipal assets to wireless cam'ers, broadband access carriers, and fixed wireless carriers. It will take an aggressive and creative campaign program to persuade carriers to choose municipal assets over that of the private sector. 4 Once the carrier has expressed interest in a given area CMA will provide a detailed engineering plan for the deployment of a 4G deployment. 4 Upon the carriers' review CMA will refine the design for fmal evaluation. 4 CMA will then engage the appropriate city officials/and engin- to review the design and plans for final approval of deployment. 4 The CMA team will then supervise the installadon to ensure that it is done according to specifications and design as approved by the municipal entity. J Once all installations are complete CMA will thar inspect and certify installations have been done according to standards and code. 4 CMA will then provide the municipality detail records and asset listing of all wireless assets. J CMA will establish the appropriate billing and collections for the aforementioned assets sites. J CMA will conduct quarterly reviews of all sites and continue to market to other carriers for additional revenue opportunities. 4 CMA will provide the municipality quar(aly reports and provide funds to appropriate accounts. CMA will fully comply with external audits on a yearly basis. DAS - stands for Distributed Antenna System. Micro Towers - Is an antenna system that is much smaller than baditional systems and is not required to be mounted on a tower.