Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


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The City Council meets every Tuesday


9:00 a.m. - Pre Council Meeting in the Council Conference Room on the 9th Floor of the South Tower in Government Plaza.

10:30 a.m. - The Council Meeting begins in Government Plaza Auditorium on the First Floor.


Council minutes for Dec 22, 2015

MUNICIPAL BUILDING, MOBILE, ALABAMA, DECEMBER 22, 2015

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, December 22, 2015, at 9:00 a.m.

Present:
Chair: Gregory
Councilmembers: Richardson, Manzie, Small, Williams, Daves, Rich
Absent:

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 10:30 a.m.

The Presiding Officer adjourned the meeting.

Approved: January 12, 2016

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MOBILE HISTORY MUSEUM, MOBILE, ALABAMA, DECEMBER 22, 2015

The Council of the City of Mobile, Alabama, met in the Mobile History Museum on Tuesday, December 22, 2015, at 10:30 a.m., in regular meeting.

The meeting was called to order by City Clerk Lisa C. Lambert.

Chaplain Percy Harris, Mobile Fire-Rescue Department, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chair: Gregory
Councilmembers: Richardson, Manzie, Small, Williams, Daves, Rich
Absent: None

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and dispensed with the reading of the following Rules concerning communications with the City Council, with the exception of #1, #2 and #4:

1) Any person desiring to address the Council must register upon entering the meeting area. When addressing the Council, the speaker must state his/her name and address.

2) Each speaker is allowed five minutes to address the Council. A bell will sound to indicate the end of 4 minutes. One minute is allowed for summarizing. The second bell indicates the time has expired.

3) To maintain decorum, there will be no undue applause and/or public outcry allowed.

4) When addressing the Council, there is to be no personal address to any individual Councilmember. All statements are to be made to the Chair who will recognize any Councilmember who wishes to respond.

5) Any person desiring to speak to the Council on a non-agenda item must contact the City Clerk's Office no later than 2:00 p.m. on the Thursday prior to the Council Meeting. The subject he/she wishes to address must be identified. Any person attending the meeting who has not given proper notice to the Clerk's Office and wishes to speak on a non-agenda item will not be allowed to address the Council.

6) Those persons desiring to speak on agenda items must indicate the resolution, ordinance, appeal, or public hearing item on arrival when signing in for the meeting.

APPROVAL OF MINUTES:

The minutes of the meetings of December 8, 2015, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Councilmember Gregory recognized the board members and staff of the Mobile History Museum who were in attendance.

Mayor Stimpson presented a proclamation to Homestead Senior Care proclaiming December as “Be a Santa to a Senior Month.”

Mayor Stimpson commented on the proposal to cut back production of littoral ships at Austal Shipbuilding. He stated that over the weekend, he met with the Secretary of the Navy Ray Mabus and Captain Bob Smith prior to the christening of the Omaha. Secretary Mabus assured him that the warships created here in Mobile are vital to our Navy and the defense of this nation. He said that he appreciates the leadership of Senators Shelby and Sessions and Representative Byrne as they fight this proposal.

Mayor Stimpson reminded everyone that the GoDaddy Bowl is this week. He stated that he gave the Georgia Southern Coach Dell McGee and Bowling Green Coach Brian Ward keys to the City of Mobile.

Mayor Stimpson announced that construction began this week on Mardi Gras Park. The initial phase includes parking, lighting, sidewalks, landscaping, a retaining wall, steps, decorative iron railing and other site features. The first task is setting up traffic control and erecting the construction fence. The first phase of construction will require the closing of both lanes of eastbound traffic on Government Street between the tunnel and Royal Street.

Mayor Stimpson stated that Winter Wonderland was held this past Saturday at Cathedral Square.

Mayor Stimpson reminded everyone of the “reason for the season.” He wished the councilmembers, staff, and citizens a merry Christmas.

City Clerk Lisa Lambert introduced members of the Dellteens, a program of the Mobile Alumni Chapter of the Delta Sigma Theta Sorority.

MONTHLY FINANCE REPORT

Paul Wesch, Executive Director of Finance, reported that sales taxes were above by $500,000 or 3.45% for the month of October as compared to the same period last year. Expenditures for October were below budget in every department.

ADOPTION OF THE AGENDA:

Councilmember Rich moved for the adoption of the agenda, which motion was seconded by Councilmember Williams, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the agenda adopted.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

Cosetta Jackson, Carolyn Mayes, and Zinnonnon Jackson, Maysville Concerned Citizens, 1103 Antwerp Street, again expressed their concerns with conditions of Harmon Recreation Center. Councilmember Manzie assured her that $100,000 has been allocated to make improvements at Harmon Park.

Cathy Odom, 2520 Cedar Point Road, expressed her opposition to Ordinance 07-096 which prohibits roosters in the city limits.

Kathy Rayner, 2323 South Dog River Drive, also expressed her opposition to Ordinance 07-096.

Ross Pritchard, 1060 Palmetto Street, spoke in support of Ordinance 07-096.

Renee Clausen, 205 George Street, spoke in support of Ordinance 07-096.

ORDINANCES HELD OVER:

AMEND SECTION 7-14, MOBILE CITY CODE, KEEPING POULTRY. The following ordinance which was introduced and read at the regular meeting of Tuesday, December 15, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 22, 2015, was called up by the Presiding Officer.

ORDINANCE 07-096-2015

Sponsored by: Councilmembers Manzie and Rich

AN ORDINANCE TO AMEND SECTION 7-14 OF THE MOBILE CITY CODE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, as follows:

SECTION ONE. That section 7-14 of the Mobile City Code, Keeping Poultry, is hereby amended so that it now reads in its entirety as follows:

Section 7-14. Keeping Poultry.

(a). It shall be unlawful for any person to keep or maintain poultry within the city without a permit from the Director. No permit will be issued authorizing the keeping of any rooster within a residentially zoned area other than an area zoned as a residential-agricultural (R-A) district.

(b). Chickens must be kept in a chicken house, coop, ark, or yard which must meet requirements as set by the Director.

(c). It shall be unlawful for any person to keep any rooster within a residentially zoned area other than an area zoned as a residential-agricultural (R-A) district.

SECTION TWO. All ordinances and laws, or parts thereof, that are in conflict with the provisions of this Ordinance are hereby repealed.

SECTION THREE. The provisions of this Ordinance are severable. If any part of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, that declaration shall not affect the part or parts that remain.

SECTION FOUR. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.

The ordinance was read by the City Clerk; whereupon Councilmember Rich moved that the ordinance be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Rich, Daves.
Nays: Williams and Gregory

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

STATE OF ALABAMA)
COUNTY OF MOBILE)

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-040 Series 2015, was published in the Press-Register, a newspaper of general circulation in the City and County of Mobile, Alabama, on, .

IN WITNESS WHEREOF, I have hereunto set my hand on this day of , 2015.


______________________________
City Clerk

REZONE PROPERTY AT 7205 BELLINGRATH ROAD (EAST SIDE OF BELLINGRATH ROAD AT THE EAST TERMINUS OF WILL CASHER LANE) FROM R-1 TO I-2. The following ordinance which was introduced and read at the regular meeting of Tuesday, December 15, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 22, 2015, was called up by the Presiding Officer.

ORDINANCE 64-097-2015

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

COMMENCING AT A CRIMPED TOP IRON PIPE LOCATED AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 2 WEST WITH THE EAST RIGHT OF WAY LINE OF BELLINGRATH ROAD; THENCE ALONG SAID EAST RIGHT OF WAY LINE RUN NORTH 01°12'24" WEST A DISTANCE OF 826.24 FEET TO A RAILROAD SPIKE AND THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID EAST RIGHT OF WAY LINE RUN NORTH 01°17'16" WEST A DISTANCE OF 466.02 FEET TO A CAPPED IRON ROD; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN SOUTH 89°16'53" EAST A DISTANCE OF 679.42 FEET TO A CAPPED IRON ROD, THENCE RUN SOUTH 4°24'34" EAST A DISTANCE OF 254.39 FEET TO A CAPPED IRON ROD; THENCE SOUTH 55°05'28" EAST A DISTANCE OF 128.89 FEET TO A POINT; THENCE SOUTH 04°24'50" EAST A DISTANCE OF 327.83 FEET TO A CAPPED IRON ROD; THENCE SOUTH 89°44'07" WEST A DISTANCE OF 714.92 FEET TO A CAPPED IRON ROD; THENCE NORTH 01°17'16" WEST A DISTANCE OF 199.02 FEET TO A CAPPED IRON ROD; THENCE NORTH 89°18'47" WEST A DISTANCE OF 100.00 FEET TO A RAIL ROAD SPIKE ON SAID EAST RIGHT OF WAY LINE AND THE POINT OF BEGINNING AND CONTAINING 10.4 ACRES MORE OR LESS.

The classification of said property is hereby changed from R-1, Single-Family Residential District, to 1-2, Heavy-Industry District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967,commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a 1-2, Heavy-Industry District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a 1-2, Heavy-Industry District, until all of the conditions set forth below have been complied with:

1) limited to an approved Planned Unit Development 2) completion of the Subdivision process; and 3) subject to full compliance with all other municipal codes and ordinances, including the appropriate permitting of all proposed work.

Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory.
Nays: None.

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

STATE OF ALABAMA)
COUNTY OF MOBILE)

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-040 Series 2015, was published in the Press-Register, a newspaper of general circulation in the City and County of Mobile, Alabama, on, .

IN WITNESS WHEREOF, I have hereunto set my hand on this day of , 2015.


______________________________
City Clerk

RESOLUTIONS HELD OVER:

REALLOCATE $110,000.00 FROM CAPITAL PROJECT #79, ADMIN. SERVICES-DEPARTMENT EQUIPMENT (FUND 551) TO CAPITAL PROJECT #981, HANK AARON STADIUM. The following resolution which was introduced and read at the regular meeting of Tuesday, December 15, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 22, 2015, was called up by the Presiding Officer.

RESOLUTION 09-814-2015

Sponsored by: Councilmember Williams and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $110,000.00 be reallocated from Capital Project #79 Admin. Services-Departmental Equipment in the Capital Improvement Fund 551 to Capital Project #981 Hank Aaron Stadium.

Councilmember Rich stated that she will be voting against this resolution. She said that the Bay Bears organization has not honored their contract with the City, and in two years has only made one payment to the City while the City has made $600,000 in improvements to the facility in the past few months.

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Daves, Williams and Gregory
Nays: Rich

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

REALLOCATE $75,000.00 FROM CAPITAL PROJECT #38, CITY’S SHARE-ECONOMIC DEVELOPMENT INCENTIVES (FUND 551) TO CAPITAL PROJECT #5098, CRUISE TERMINAL-EQUIPMENT & MISCELLANEOUS. The following resolution which was introduced and read at the regular meeting of Tuesday, December 15, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 22, 2015, was called up by the Presiding Officer.

RESOLUTION 09-815-2015

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $75,000.00 be reallocated from Capital Project #38 City's Share-Economic Development Incentives in the Capital Improvement Fund 551 to Capital Project #5098 Cruise Terminal-Equipment & Miscellaneous.

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CHANGE ORDER WITH DORSEY & DORSEY ENGINEERING, INC. FOR LITTER TRAP AND SITE IMPROVEMENTS (COM PROJECT NO. 2015-202-02) ADD $16,029.90. The following resolution which was introduced and read at the regular meeting of Tuesday, December 15, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 22, 2015, was called up by the Presiding Officer.

RESOLUTION 13-816-2015

Sponsored by: Councilmember Small and Mayor Stimpson

WHEREAS, the City entered into a contract dated November 18, 2014, with Dorsey & Dorsey Engineering, Inc. for engineering services on the project known as Litter Trap & Site Improvement; COM Project No. 2015-202-02.

WHEREAS, at the time the contract was executed, construction costs were estimated to be $600,000. Fees for engineering services are based on percentages of the total project cost; fee percentages for contracts between $500,000 and $750,000 are 6.5% for the design stage and 5.0% for the construction phase. Engineering fees were estimated to be $69,000.00, based on the estimated construction cost.

WHEREAS, the actual construction cost for the project totaled $724,449.57. Engineering fees (design and construction) shall be adjusted $14,311.70 to properly compensate Dorsey & Dorsey Engineering, Inc., in accordance with the standard fee schedule used in City of Mobile Professional Services Contracts, and

WHEREAS, the contract provides for additional services on page 11 (V.B.1.) and during construction, materials testing services were needed for the project. Dorsey & Dorsey
Engineering, Inc., provided a qualified sub consultant who performed the needed material testing. Engineering fees for the additional services shall be adjusted $1,718.20 to compensate Dorsey & Dorsey Engineering, Inc. for the testing services.

WHEREAS, the contract provides on Page 13 (V., A., 1., f.) the "Total fees” (design and
construction phases) to be paid to the ENGINEER shall not exceed $69,000.00 unless authorized by the CITY".

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the COUNCIL does hereby authorize the additional fee of $16,029.90, for a total of $85,029.90, to be paid to Dorsey & Dorsey Engineering, Inc., for engineering services associated with Litter Trap & Site Improvement; COM Project No. 2015- 2 2-02.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH AEIKER CONSTRUCTION CORPORATION FOR EQUIPMENT SERVICES MOTOR POOL, MOTORCYCLE STORAGE CANOPY, $41,058.00. The following resolution which was introduced and read at the regular meeting of Tuesday, December 15, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 22, 2015, was called up by the Presiding Officer.

RESOLUTION 21-817-2015

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: Aeiker Construction Corporation

Project Name: Equipment Services Motor Pool
Motorcycle Storage Canopy

Project Number: EQ-134-15

Amount: $41,058.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH BAGBY & RUSSEL ELECTRIC COMPANY, INC. TO REPAIR INROAD DETECTION LOOP AT VARIOUS INTERSECTIONS THROUGHOUT THE CITY, $193,997.00. The following resolution which was introduced and read at the regular meeting of Tuesday, December 15, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 22, 2015, was called up by the Presiding Officer.

RESOLUTION 21-818-2015

Sponsored by: City Council and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below; to repair inroad detection loops at various intersections throughout the city, as outlined in the Contract attached hereto and made a part hereof as though set forth in full. A copy of said Contract is on file in the office of the City Clerk.

Name of Company: Bagby & Russell Electric Co., Inc.

City of Mobile Project No: 2016-2060-05

Capital Project Numbers: LDROI, LDR02, LDR03, LDR04, LDR05, LDR06, LDRO7

Amount: $193,997.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH BARTER & ASSOCIATES, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL, INSPECTION OF CRUISE TERMINAL PARKING STRUCTURE AND MISCELLANEOUS ITEMS, $15,000.00. The following resolution which was introduced and read at the regular meeting of Tuesday, December 15, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 22, 2015, was called up by the Presiding Officer.

RESOLUTION 21-819-2015

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: Barter & Associates, Inc.

Project Name: City of Mobile, Alabama Cruise Terminal
Inspection of Cruise Terminal Parking Structure and
Miscellaneous Items

Project Number: CT-017-16

Amount: $15,000.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH WATTIER SURVEYING, INC. FOR MOBILE CIVIC CENTER SURVEY, $24,000.00. The following resolution which was introduced and read at the regular meeting of Tuesday, December 15, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 22, 2015, was called up by the Presiding Officer.

RESOLUTION 21-820-2015

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: Wattier Surveying, Inc.

Project Name: Mobile Civic Center - Survey

Project Number: CC-010-16

Amount: $24,000.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ACCEPT DEED FOR RIGHT-OF-WAY, TWO TEMPORARY CONSTRUCTION EASEMENTS AND ONE PERMANENT EASEMENT FROM UNIVERSITY CHURCH OF CHRIST, ALPINE HILLS, NEEDED FOR ZEIGLER BOULEVARD WIDENING PROJECT. The following resolution which was introduced and read at the regular meeting of Tuesday, December 15, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 22, 2015, was called up by the Presiding Officer.

RESOLUTION 23-821-2015

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE ALABAMA that the City of Mobile does hereby accept the deed for right of way, two temporary construction easements and one permanent easement, from University Church of Christ, Alpine Hills, as needed for the widening of Zeigler Boulevard.

SAID DEED is by reference made a part of this resolution as fully as if set forth herein
with a copy attached hereto.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

REQUEST THAT THE MAYOR REVIEW CITY POLICY ON THE USE OF TAKE-HOME VEHICLES AND MAKE RECOMMENDATIONS TO THE COUNCIL. The following resolution which was introduced and read at the regular meeting of Tuesday, December 15, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 22, 2015, was called up by the Presiding Officer.

RESOLUTION 60-822-2015

Sponsored by: Councilmembers Daves and Richardson

RESOLUTION REQUESTING THAT THE MAYOR REVIEW CITY POLICY ON THE USE OF TAKE-HOME VEHICLES AND MAKE RECOMMENDATIONS TO THE COUNCIL ON THE NEED FOR NEW OR REVISED DEPARTMENTAL POLICIES

WHEREAS, the Council is of the opinion that all city-owned vehicles assigned for take-home use should be assigned and used consistently with the best interests of the City of Mobile and pursuant to polices that are comparable to policies followed by peer cities in the State of Alabama.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MOBILE, ALABAMA, as follows:

1. That the Council does hereby request that the Mayor conduct a thorough review of all policies governing the assignment of city-owned vehicles for take home use;

2. That the Council does hereby request that the Mayor review policies related to the use of take-home vehicles by peer cities in the State of Alabama; and,

3. That the Council does hereby request that the Mayor report to the Council within 90 days of the passage of this Resolution his findings concerning whether the City's policies related to the use of take-home vehicles are consistent with the interests of the City of Mobile and comparable to the policies followed by peer cities in the State and any recommendations he may have for new or revised departmental policies on this subject.
The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF RESOLUTIONS BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 03-825, 03-826 and 60-834. The motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich, Daves, Gregory
Nays: None

The Presiding Officer declared unanimous consent granted for Resolutions 03-825, 03-826 and 60-834

CONSENT RESOLUTIONS BEING INTRODUCED:

REAPPOINT MARY WOOD TO THE ADVISORY COMMISSION ON THE DISABLED. The following resolution was introduced by Councilmember Rich.

RESOLUTION 03-825-2016

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Mary Wood is hereby re-appointed to the Advisory Commission on the Disabled effective January 1, 2016, for a term ending December 31, 2017.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

APPOINT DAVID BERNATSKI TO THE HISTORY MUSEUM OF MOBILE BOARD. The following resolution was introduced by Councilmember Rich.

RESOLUTION 03-826-2014

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that David Bernatski is hereby appointed to the History Museum of Mobile Board, effective January 1, 2016, for a term ending December 31, 2018.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

APPROVE AWARD OF SPECIAL BONUS TO THE OFFICER OF THE MONTH FOR JUNE 2015, OFFICER NATHANIEL MCCARTY, $500.00. The following resolution was introduced by Councilmember Rich.

RESOLUTION 60-834-2015

Sponsored by: Councilmember Gregory and Mayor Stimson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that upon nomination by City supervisors and recommendation of the Mayor through the City of Mobile’s Employee Recognition Program, the City hereby authorizes, pursuant to Section 11-49-22, Code of Alabama 1975, awards of $500 or the designated amount to each of the employees on the list attached hereto as Exhibit A.

These employees and sworn and civilian personnel are to be commended for their exemplary work performance or innovations that significantly reduce costs or result in outstanding improvements in services to the public.

Employee # Last Name First Name Award Date

15033 McCarty Nathaniel Officer of the Month June 2015

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RESOLUTIONS BEING INTRODUCED:

Councilmember Richardson noted that resolutions 21-827 through 21-830 will be laid over for one (1) week according to procedure.

AUTHORIZE CONTRACT WITH POT-O-GOLD RENTALS, LLC, FOR MARDI GRAS 2016-PORTABLE TOILETS AT VARIOUS LOCATIONS, $28,922.50. The following resolution was laid over to the regular meeting of January 5, 2016.

RESOLUTION 21-827-2015

Sponsored by: City Council and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: Pot-O-Gold Rentals, LLC

Project Name: Mardi Gras 2016-Portable Toilets
Various Locations

Project Number: PS-008-16

Amount: $28,922.50

AUTHORIZE CONTRACT WITH AL HILL BOILER SALES & REPAIRS, INC. FOR PUBLIC WORKS GARAGE-BOILER REPLACEMENT, $18,300.00. The following resolution was laid over to the regular meeting of January 5, 2016.

RESOLUTION 21-828-2015

Sponsored by: Councilmember Small and Councilmember Manzie

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: Al Hill Boiler Sales & Repairs, Inc.

Project Name: Public Works Garage — Boiler Replacement

Amount $18,300.00

AUTHORIZE CONTRACT WITH ALLEN SOUTHERN ELECTRIC MOTOR SERVICES, INC. FOR MOBILE CIVIC CENTER-MOTOR REPAIR, $26,205.00. The following resolution was laid over to the regular meeting of January 5, 2016.

RESOLUTION 21-829-2015

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: Allen Southern Electric Motor Service, Inc.

Project Name: Mobile Civic Center — Motor Repair

Amount: $26,205.00

AUTHORIZE CONTRACT WITH VOLKERT, INC. FOR ENGINEERING SERVICES FOR SIGNAL TIMING AND UPGRADES ON AIRPORT BOULEVARD FROM PINEBROOOK TO SAGE AVENUE, $72,535.00. The following resolution was laid over to the regular meeting of January 5, 2016.

RESOLUTION 21-830-2015

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below; for engineering services for signal timing and signal upgrades on Airport Boulevard from Pinebrook to Sage Avenue, as outlined in the Contract attached hereto and made a part hereof as though set forth in full. A copy of said Contract is on file in the office of the City Clerk.
Name of Company: Volkert, Inc.

City of Mobile Project No: 2016-2060-06

Capital Project Number: CO226

Amount: $72,535.00

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 3709 DEMETROPOLIS ROAD (NORTHEAST CORNER OF DEMETROPOLIS ROAD AND HALLS MILL ROAD) FROM B-5 TO B-2 TO ALLOW A LIQUOR STORE. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 41-831-2015

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

NOTICE OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 19th day of January, 2016, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 22nd day of December, 2015.

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

3709 DEMETROPOLIS ROAD, AS RECORDED IN MAP BOOK 117 PAGE 115, IN THE OFFICE OF THE JUDGE OF PROBATE COURT, MOBILE COUNTY, ALABAMA. The classification of said property is hereby changed from B-5, Office—Distribution District, to B-2, Neighborhood Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-2, Neighborhood Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-2, Neighborhood Business District, until all of the conditions set forth below have been complied with: 1) Completion of the subdivision process; and 2) Compliance
with all applicable codes and ordinances.

Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Rich, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich, Daves, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 5601 AND 5611 MOFFETT ROAD (NORTHWEST CORNER OF MOFFETT ROAD AND HOWELLS FERRY ROAD) FROM B-2 AND B-3 TO B-3 TO ELIMINATED SPLIT ZONING. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 41-832-2015

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

NOTICE OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 19th day of January, 2016, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 22nd day of December, 2015.

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

COMMENCING AT A POINT WHERE THE OLD SOUTH RIGHT OF WAY LINE OF MOFFETT ROAD (80 FOOT RIGHT OF WAY) INTERSECTS THE NORTH RIGHT OF WAY LINE OF HOWELL'S FERRY ROAD (60 FOOT RIGHT OF WAY) IN THE CITY AND COUNTY OF MOBILE, ALABAMA, RUN S 89° 56' 19" W ALONG SAID NORTH RIGHT OF WAY LINE OF HOWELL'S FERRY ROAD A DISTANCE OF 341.12 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE RUN N 41° 05' 57" W 282.60 FEET TO A POINT; THENCE RUN N 48° 54' 03" E 247.30 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF MOFFETT ROAD, (SAID POINT BEING 50 FEET SOUTH OF THE CENTERLINE OF MOFFETT ROAD); THENCE RUN S 41° 05' 57" E ALONG SAID SOUTH RIGHT OF WAY LINE OF MOFFETT ROAD A DISTANCE OF 171.0 FEET TO A POINT; THENCE RUN S 24° 36' 43" W 271.32 FEET TO THE POINT OF BEGINNING, CONTAINING 56,088 SQUARE FEET.

The classification of said property is hereby changed from B-2, Neighborhood Business District, and B-3, Community Business District to B-2, Neighborhood Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-2, Neighborhood Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-2, Neighborhood Business District, until all of the conditions set forth below have been complied with: 1) Full compliance with all municipal codes and ordinances; and 2) Appropriate permitting for the removal of any trees previously planted on the site for compliance with Zoning Ordinance requirements.

Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Rich, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich, Daves, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

CALL FOR PUBLIC HEARING TO CONSIDER GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO CHAD DYAS D/B/A CHD TRANSPORTATION, LLC, TO OPERATE A SEDAN SERVICE. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 31-833-2015

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish in a newspaper of general circulation within the municipality the attached notice stating the time and place a proposed resolution is to be considered by the City Council and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of the proposed resolution.

NOTICE OF HEARING ON PROPOSED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A SEDAN SERVICE

Notice is hereby given that the City Council of Mobile, Alabama, proposes to consider the application of Chad Dyas d/b/a CHD Transportation, LLC for a Certificate of Public Convenience and Necessity to operate a sedan service in the City of Mobile. The adoption of such Certificate will be considered by the City Council in the Auditorium of the Mobile Government Plaza located at 205 Government Street, Mobile, Alabama, on Tuesday, the 5th day of January, 2016, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to or in favor of the proposed resolution.

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Rich, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich, Daves, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ANNOUNCEMENTS:

Councilmember Small thanked the Mayor and his staff for their assistance with the first annual holiday parade on Dauphin Island Parkway on December 19, 2015. He remarked that there were no reported incidents at the parade and over 10,000 people attended.

Councilmember Rich wished everyone a very merry Christmas and a happy new year.

Councilmember Richardson congratulated Councilmember Small for his successful Christmas parade.

Councilmember Richardson advised that he had a very well-attended District 1 Leadership Christmas Party last week.

Councilmember Richardson encouraged everyone to attend the Moon Pie Drop on New Year’s Eve with the group “En Vogue” as the headliner. He added that jumbo trons will be located in Bienville Square so people can view the playoff games.

Councilmember Daves expressed best wishes to the citizens of Mobile, his colleagues, the City Clerk’s staff, the Mayor and administration for a very merry Christmas and happy holidays. He stated that it has been his pleasure and honor to serve on the City Council.

Councilmember Manzie wished the citizens of District 2 a merry Christmas and a prosperous new year.

Councilmember Manzie mentioned that he had the opportunity to be a part of the inaugural Christmas parade on Dauphin Island Parkway. He commended Councilmember Small and Representative Drummond for putting the event together.

Councilmember Gregory stated that she joined the Mobile Terrace Community Development Corporation on December 19, 2015, in delivering gifts to the home-bound community. She thanked Joyce Chavers and volunteers for putting this project together.

The City Clerk reminded the public that there will be no City Council Meeting next week.

The Presiding Officer adjourned the meeting at approximately 11:35 a.m.

Approved: January 12, 2016


__________________________
COUNCIL PRESIDENT


__________________________
CITY CLERK




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