The Lincoln City Council repealed a controversial ordinance that was under review for months.
“Repealing the ordinance takes care of any potential problems that might arise while we examine the ordinance,” Mayor Lew Watson said.
Watson received notice from the Alabama Department of Economic and Community Affairs that Lincoln ordinance 89-13 might be in conflict with a Recreational Trails Program (RTP) grant the city received to create the Blue Eye Creek Trail, also known as England Park.
According to the letter dated July 28, 2009 from Doni Ingram, Alabama Department of Economic and Community Affairs director, the City of Lincoln was a recipient of the RTP grant in 2005.
The letter states that in Lincoln’s application, the Blue Eye Creek Trail is categorized as a “non-motorized diverse use project.” These type projects are primarily intended to benefit more than one mode of non-motorized recreational trail use such as: walking, bicycling, and inline skating; or both pedestrian and equestrian use; or both equestrian and bicycle use, etc.
The letter states that in Lincoln’s application, “this trail will be constructed as a non-motorized diversified use trail and is anticipated to accommodate walkers; joggers; bicycling; and eventually in future phases, hiking.”
Ordinance 89-13 Section 1 states, “It shall be unlawful for any person to ride or propel any cycle, motor-driven or otherwise; any skateboard of any coaster wagon, roller coaster, scooter or other instrument of amusement upon any walking trail, tennis court or fields for organized sporting activities in any public park within the municipality of the City of Lincoln, Alabama, with handicap exemption.”
Section 2 further expands the ordinance to make it “unlawful for any person to use any other instrument of amusement, or to be on or upon said walking trails, tennis courts or fields for organized sporting activities, other than pedestrian traffic, with handicap exemption.”
According to the Alabama Department of Economic and Community Affairs letter, “The purpose of this letter is to advise the City of Lincoln that the prohibition of bicycling on the Blue Eye Creek Trail will result in a violation of the original terms of the RTP grant. Such a violation would require the City of Lincoln to repay the entire Federal share of the grant and possibly result in the City becoming ineligible to apply for future funding under the Land and Water Conservation Fund and the Recreational Trails Program.”
The letter states that the grant amount was $62,135 for the Federal share.
“We weren’t aware that our ordinance was in conflict when we applied and were awarded the grant,” Watson said. “Many Lincoln parks were created using grant money.”
Watson said the council intends to reexamine the parks to determine eligibility for activities in each park to be in compliance with the grant stipulations.
“In the interim, we feel confident our residents will exercise good judgment and not take advantage of the lack of a specific ordinance regulating park activities,” he said. “While the letter was written specifically about the Blue Eye Creek Trail, it could apply to other city parks and we are researching that.”
Watson said it will take time to draft a new ordinance.
“We want to create an ordinance that the city wants and that also complies with grant stipulations,” he said.
Also Tuesday the council:
• Approved a motion authorizing the mayor to execute renewal of the master note with Metro Bank on the city’s line of credit.
• Approved the purchase of the cast bronze plaque for Lincoln Park in the amount of $1,480.
• Approved a three-way stop sign at the intersection of Michael’s Lane and Moss Thornton Road.