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 Mar 22, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, MARCH 22, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Thursday, March 22, 2016, at 9:00 a.m.

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

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:

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, MARCH 22, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Thursday, March 22, 2016, at 10:30 a.m., in regular meeting.

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

Mr. Nathan Emmorey, Chief Court Administrator, Mobile Municipal Court, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chairman: Gregory
Councilmembers: Williams, Small, Daves, Rich and Richardson
Absent: Manzie

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and dispensed with reading the following Rules concerning communications with the City Council with the exception of #1 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 four 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 meeting of March 15, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Councilmember Gregory called for a moment of silence for the victims of the terrorist attacks in Brussels, Belgium.

Mayor Stimpson recognized Eileen Corkern, Safety and Performance, Lisa Foster, Mobile Fire and Rescue, as “Employees of the Month” for February, 2016 and Sherryl Cunningham, Municipal Information Technology and Mary Theall, Municipal Court as “Employees of the Month” for March 2016.

Mayor Stimpson presented a Certificate of Appreciation to United Cerebral Palsy in recognition of their contributions and advocacy for the disabled community. Wayne Dean, Melissa Dickinson and Todd Perkins accepted on behalf of the organization.

Mayor Stimpson read a Proclamation declaring March 23, 2016 as University of South Alabama Day in Mobile. Dr. Tony Waldrop accepted on behalf of the University.

Mayor Stimpson recounted the success of the inaugural flight of the first Airbus A321 that was built at Brookely Aeroplex.

Mayor Stimpson announced that at 3:00 p.m. today the Bloomberg Innovation Team will be unveiling initiatives to overhaul instances of blight and revitalize Mobile’s neighborhoods.

Mayor Stimpson stated the administration has submitted a one million dollar drainage repair contract for the Council’s consideration and approval.

Mayor Stimpson also indicated the administration has submitted for the Council’s consideration and approval a contract to study the City’s General Land Use Plan, Major Street Plan, Zoning Ordinances and Subdivision Regulations that have not been replaced in almost fifty years.

MONTHLY FINANCE REPORT:

Executive Director of Finance Paul Wesch reported that the City is approximately 2.9 million dollars ahead of where it was this time last year. All operating departments remain below budget.

ADOPTION OF THE AGENDA:

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

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

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

APPEALS:

(1) The Council considered the request of James Avera, South Lafayette Community Association, for a waiver of the Noise Ordinance at 30 South Lafayette Street (Block Party) on April 2, 2016 from 6:00 p.m. – 10:00 p.m. (District 2).

There being no objections, Councilmember Daves moved that the waiver be granted, which motion was seconded by Councilmember Richardson, and the vote was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

(2) The Council considered the request of Stephanie James for a waiver of the Noise Ordinance at 1706 Parkway Drive on March 26, 2016 from 3:00 p.m. - 10:00 p.m. (District 4).

There being no objections, Councilmember Daves moved that the waiver be granted, which motion was seconded by Councilmember Richardson, and the vote was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

(3) The Council considered the request of Linda Kiss, Arlington Street Missionary Baptist Church, for a waiver of the Noise Ordinance at 2554 Pleasant Valley Road (outdoor Easter service) on March 27, 2016, from 9:30 a.m. – 2:00 p.m. (District 5).

There being no objections, Councilmember Daves moved that the waiver be granted, which motion was seconded by Councilmember Richardson, and the vote was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

(4) The Council considered the request of Cathi Kennedy, ProMotion, Inc.-Abita Beer Big Easy, for a waiver of the Noise Ordinance at 4350 Old Shell Road (Rouse’s parking lot) on April 19, 2016, from 4:00 p.m. – 6:00 p.m. (District 7).

There being no objections, Councilmember Daves moved that the waiver be granted, which motion was seconded by Councilmember Richardson, and the vote was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

(5) The Council considered the request of Jeromy Taylor, Vapemosphere, for a waiver of the Noise Ordinance at 8010 Airport Boulevard, Suite 105, on April 2, 2016, from 1:00 p.m. – 10:00 p.m. (District 7).

There being no objections, Councilmember Daves moved that the waiver be granted, which motion was seconded by Councilmember Richardson, and the vote was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE TO PROVIDE SUPPLEMENTARY REGULATION OF THE LOCATION AND CONSTRUCTION OF NEW ABOVE GROUND OIL STORAGE TANKS.

The Presiding Officer announced that today was the day for the public hearing to consider an amendment to the Zoning Ordinance to approve supplementary regulation of the location and construction of new above ground oil storage tanks and asked if there was anyone present to speak for or against this matter.

The following people spoke in favor of the proposed ordinance:

1. Mike Lee, 1110 Government Street
2. Bill Sisson, 451 Government Street
3. Troy Wayman, 451 Government Street
4. Frank Lott, 451 Government Street
5. Mark Nix, 451 Government Street
6. Jimmy Lyons, 250 N. Water Street
7. Jennifer Denson, 754 Downtowner Loop
8. Steve Gordon, 3451 Stein Street
9. Richard Tremayne, Jr., 2757 Brevard Drive
10. Tom Wade, 410 Moffett Road
11. Randall Forester, 12414 Danner Road
12. Charles Wilson, 26738 Bren Court, N.
13. Jarrod White, 63 S. Royal Street
14. Casey Pipes, 2255 Ashland Place
15. Bruce McGowin, 11 N. Water Street

The following people spoke in opposition of the proposed ordinance:

1. Wanda Cochran, 465 Dauphin Street
2. Dr. Rip Pfeiffer, 3726 Dawes Road
3. Carol Adams-Davis, 362 McDonald Avenue
4. Mary Moorer, 632 Wiley Lane
5. Casi Calloway, 450-C Government Street
6. Suzanne Schwartz, 360 McDonald Avenue
7. Pete Burns, 255 N. Jackson Street
8. Brenda Bolton, 310 West Street
9. Dr. W. Wertelecki, 9 Oakway Drive
10. Craig Lindsey, 706 Monroe Street
11. Joe Womack, 2816 Westmoor Court
12. Herb Wagner, 732 Jemison Street
13. Lella Lowe, 2609 Shay Court
14. John Klotz, 959 Dauphin Street
15. Dr. Bert Eichold, 165 S. Georgia Avenue
16. Ramsey Sprague, 63 S. Fulton Street
17. Jason Kudulis, 450 Government Street
18. Cade Kistler, 450 Government Street
19. Nancy Hanna, 3750 Rabbit Creek Court

The Presiding Officer declared the hearing concluded and that the necessary ordinance authorizing the proper action would be introduced later in the meeting.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

Ray Richardson, Environmental Engineering, introduced Debra Love with the Brownfields Program. This program will support revitalization and job creation for the communities surrounding Brookley Aeroplex.

Antonie Maiben, 1111 East I-65 Service Road, Suite 110, Mobile stated to the Council that the Amalgamated Transit Union has filed a Title Six Complaint with the Federal Transit Administration concerning the decrease in funding to the Wave Transit System.

Reverend Ernest G. Scott, 6114 Pherin Woods Court, addressed the Council in reference to the Zoghby Act Section 93(a). He urged the Mayor and City Council to reference this section when making board appointments.

Reverend Robert “Bobby” Brown, Sr., 3651 Wenlock Court, spoke in reference to the Zoghby Act Section 93(b). Reverend Brown asked if this section was being complied with.

ORDINANCES BEING INTRODUCED:

AMENDMENT TO THE ZONING ORDINANCE TO PROVIDE SUPPLEMENTARY REGULATION OF THE LOCATION AND CONSTRUCTION OF NEW ABOVE GROUND OIL STORAGE TANKS. The following ordinance was laid over for one (1) week to the regular meeting of Tuesday, March 29, 2016.

ORDINANCE: 64-013-2016

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA THAT CHAPTER 64 OF THE MOBILE CITY CODE, "ZONING," IS HEREBY AMENDED AS FOLLOWS:

Section 1. Section 64-4 "Supplementary Regulations" of the Mobile City Code, as amended, is hereby amended by the addition of Section 64-4. K. reading in its entirety as follows:

K. Regulations Applicable to the Location and Construction of Above Ground Tanks.

1. Purpose. These regulations shall provide procedures applicable to the location and construction of new above ground oil storage tanks on and after the effective date of the amendment adopting these regulations, in addition to the requirements otherwise applicable under other provisions of the Mobile City Code to such tanks. In the event of any conflict or inconsistency between the requirements of this Subsection K. and the other requirements of the provisions of the Mobile City Code, the requirements of this Subsection K. shall be controlling and shall govern.

2. Definitions. As used in this Section 64-4.K., the following terms shall have the following meanings:

a. Enhanced Scrutiny Area (ESA): (A) All properties located within an I-2 district and lying north of Bay Bridge Road and New Bay Bridge Road; (B) all properties located within an 1-2 district and lying south of Bay Bridge and New Bay Bridge Road, west of the Mobile River and Mobile Bay, east of a line extending southerly along St. Stephens Road to Broad Street to Interstate 10 to Michigan Avenue, and north of Avenue C as extended to Mobile Bay;

b. Oil: petroleum or petroleum product whose storage is regulated under National Fire Protection Association ("NEPA") 30;

c. Tank: An above-ground Oil storage tank having a capacity of 10,000 gallons or more to be located in an I-2 district;

d. Site: All immediately contiguous land under common ownership or control located in an 1-2 district being utilized in whole or in part on the effective date of the amendment adding this Subsection K for the purpose of the operation of one or more above ground Oil storage tanks having a capacity of 25,000 gallons or more.

e. Classification: The system used in section 4.3 of NFPA 30 for classifying liquids.
3. Notice Procedures for Planning Approval Applications. Each application for planning approval with respect to a Tank shall be subject to the following notice procedure requirements:

a. Each application for planning approval of a tank, including all attachments to the application, shall be posted on the City's website at least thirty (30) days prior to the initial hearing on the application scheduled by the Planning Commission.

b. Notice of the filing of an application for planning approval of a tank advising of the time and date of the initial hearing on the application scheduled by the Planning Commission shall be deposited by the City Planning Department in the U.S. Mail, first class postage prepaid, not less than thirty (30) days prior to the date of the initial hearing addressed to all owners of assessed property located within three thousand (3000) feet of the property line of the proposed site as shown on the current ad valorem tax assessment records of Mobile County. The documented costs of such notice shall be paid by the applicant upon submission of the invoice of the City Planning Department.

c. Notice of the filing of an application for planning approval of a tank advising of the time and date of the initial hearing on the application scheduled by the Planning Commission shall be published by the City Planning Department in a newspaper of general circulation in the City of Mobile once a week for two consecutive weeks prior to the scheduled date of the initial hearing. The first such publication shall be not less than thirty (30) days prior to the scheduled date of the initial hearing and the second such publication shall be not less than eight (8) days prior to the scheduled date of the initial hearing. The notice shall contain both a diagram of the proposed tank site location and directions to the entire application posted on the City's website. The documented costs of such notice shall be paid by the applicant upon submission of the invoice of the City Planning Department.

4. Required Content Of Application For Planning Approval And Application Fee:

a. Applications For Tanks To Be Located In ESA. Each application for planning approval for a tank to be located in the ESA shall include:

(I) A list of all permits and approvals required to complete the installation of the tank and the status of each such permit and approval at the time the application is filed;

(II) A description of the type, maximum amount, and NFPA classification of the oil to be stored;

(III) A description of the method or methods by which the oil will be transported to the tank site and the anticipated frequency of such transportation;

(IV) A description of all other materials being stored in bulk on the same site as the proposed tank.

(V) A detailed site plan, drawn to a standard engineering scale, illustrating the location of any and all improvements on the site, including but not limited to: existing and proposed tanks, existing and proposed structures, existing and proposed access drives and circulation drives; existing and proposed piers, docks, or other mooring facilities; existing and proposed berms, dams, or any other containment devices or methods; and dimensions of the site, dimensions and capacity of each tank, dimensions from property line to tank(s) from containment to tank, from tank to tank, and dimensions of access and circulation drives.

b. Description of any Applicable Vapor, Emissions, or Odor Regulations. If the proposed tank is subject to federal or state best management practices regulations with respect to vapor, emissions, and/or odor control, the application for planning approval shall include a statement as to the relevant regulatory authority or authorities and a summary of any equipment and technology being implemented to comply with such regulatory requirements.

c. Tank Planning Approval Application Fee. The application fee for planning approval of a tank shall be $1500.00 per tank.

5. Siting and Design Requirements.

a. Setback in ESA. The minimum setback for a tank to be constructed in the ESA shall be one thousand five hundred (1500) feet measured from the tank to the property line of the nearest legally habitable residential structure, church, or school existing on the date of the submission of the application for planning approval, with the PIanning Commission having the authority to increase the said setback on a case by case basis should specific circumstances or factors warrant

b. Plan Review. Prior to the issuance of a building permit for any tank, all construction plans for the tank shall be reviewed by an independent professional engineer experienced in the design and construction of above ground oil storage tanks engaged by the City of Mobile who must certify in writing to the Building Department that the plans comply with all applicable construction standards and code requirements. The cost of such review as invoiced to the City shall be paid by the applicant as a condition to the issuance of the building permit. The review must be completed within sixty (60) days of the submission of the permit application and plans, otherwise the plans will be deemed compliant and the applicant will not be charged for the cost of such review. As a further condition to the issuance of a Tank Building Permit, at the time construction drawings are submitted, the applicant shall also submit its Facility Response Plan (FRP) to the City of Mobile and Fire Department prior to the issuance of the building permit. Any portions of the FRP that contain information that the Department of Homeland Security restricts the disclosure of, or which the applicant otherwise considers potentially sensitive, shall be redacted.

6. Change in Oil Product Classification. Applicant may only store an oil product with a different NFPA 30 Classification than the NFPA Classification listed in the application for planning approval for the tank after providing written notice to the City of Mobile's Planning Department of the change and engineering verification that the tank complies with the NFPA 30 requirements for the new product classification.

7. Limited Application Of Subsection K.

a. Applicable Only To Tanks as Defined. This subsection shall have application only to above ground tanks for the storage of petroleum and petroleum products regulated under NFPA 30. Above ground tanks for the storage of other substances shall be regulated by the otherwise applicable provisions of the Mobile City Code and state and federal law. No tank subject to this Subsection K may be converted to use for the storage of a substance other than petroleum and petroleum products regulated under NFPA 30 without first obtaining the approvals otherwise required under the Mobile City Code for the storage of such other such substance.

b. Inapplicable To Existing Tanks and Sites. Sites are confirmed in their entireties for purposes of the Zoning Ordinance as conforming permitted uses with respect to all existing above-ground oil storage tanks on such sites. The above-ground oil storage tanks existing on such sites on the effective date of this subsection are confirmed for purposes of the Zoning Ordinance as conforming structures. An aboveground oil storage tank existing on a site on the effective date of this subsection may be repaired, replaced, or reconstructed on the same site without compliance with this subsection and without the need for any further Planning Commission approval. The replacement for a tank existing on the effective date of this subsection need not have the identical footprint or configuration as the tank it replaces provided the capacity of the replacement is not greater than the tank it replaces. New tanks that are additional tanks and not replacement for existing tanks may be constructed on sites without further Planning Commission approval provided that a building permit is received, the tank complies with all then existing regulatory requirements, and the Planning Department is provided the information required by 64.4. K. 4 (a)(II), (III), (IV) and (V).

Section 2. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 3. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.

Councilmember Rich briefly excused herself from the meeting.

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 21-181, 31-182 through 31-184, 58-185 through 58-186 and 60-187. The motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items

CONSENT RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT AMENDMENT WITH HUTCHINSON, MOORE & RAUCH, LLC FOR TOULMINVILLE SIDEWALKS 2014 CDBG PROJECT (D1; COM PROJECT NO. 2014-202-13), INCREASE $35,000.00. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 21-181-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

WHEREAS, the City entered into a contract dated December 2, 2014, with Hutchinson, Moore Rauch, LLC for engineering services on the project known as Toulminville Sidewalk 2014 CDBG Project, City of Mobile Project No. 2014-202-13.

WHEREAS, at the time the contract was executed, construction costs were estimated to be $485,000 and fees for engineering services are based on percentages of the total project cost; and the fee percentage for this contract is 12.4% for the design and construction aspect of the project. Engineering fees were estimated to be $65,000.00, based on the estimated construction cost.

WHEREAS, the final construction cost amount for the project is estimated to total $791,650.00. Engineering fees (design and construction) shall be adjusted to properly compensate Hutchinson, Moore & Rauch, LLC, in accordance with the contractual agreed percentage in the City of Mobile Professional Services Contracts. The professional engineering fees will be increased by $35,000.00, to a total of $100,000.00.

WHEREAS, the contract provides on Page 12 (V., A., 1., f.) the "Total payment to the ENGINEER shall not exceed $65,000.00, 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 $35,000.00, for a total of $100,000.00, to be paid to Hutchinson, Moore & Rauch, LLC for engineering services associated with Toulminville Sidewalks 2014 CDBG Project, City of Mobile Project No. 2014-202-13.

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

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

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

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE AN AGREEMENT OF UNDERSTANDING WITH THE DEPARTMENT OF JUSTICE DEVELOPING IMPROVED MEANS TO COLLECT DIGITAL EVIDENCE PROGRAM GRANT, $500,000.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 31-182-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the Mayor is authorized to apply, accept and receive from the U.S. Department of Justice, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $500,000.00 for the FY2016 Developing Improved Means to Collect Digital Evidence Program Grant.

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant application and to provide any information required by the U. S. Department of Justice and any other federal agency.

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

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

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

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE AN AGREEMENT OF UNDERSTANDING WITH THE DEPARTMENT OF JUSTICE NAITONAL ASSAULT KIT INITIATIVE GRANT, $7,00,000.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 31-183-2016

Sponsored by: Councilmember Daves

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S. Department of Justice, a Notice of Award and Memorandum of Agreement for gent assistance in the approximate amount of $700,000.00 for the FY2016 Smart Policing Program Grant.

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant application and to provide any information required by the U. S. Department of Justice and any other federal agency.

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

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

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

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE AN AGREEMENT OF UNDERSTANDING WITH THE DEPARTMENT OF JUSTICE NATIONAL ASSAULT KIT INITIATIVE GRANT, $2,000,000.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 31-184-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S. Department of Justice, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $2,000,000.00 for the FY2016 National Sexual Assault Kit Initiative Program Grant.

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant application and to provide any information required by the U. S. Department of Justice and any other federal agency

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

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

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1515. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-185-2016

WHEREAS an itemized report in writing has been made to the City Council of Mobile, showing the costs of removing noxious or dangerous weeds on or in the hereinafter described parcels of land, a copy of such report having been posted on the Council Chamber door more than three days prior to the meeting at which the report was received and the City Council having heard the report, together with any objections which may have been raised by any of the property owners liable to be assessed for the work of cutting such weeds, and the City Council being of the opinion that such report in all respects be confirmed:

IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF MOBILE as follows:

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1515 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

Section 2. It is directed that a copy of this resolution be delivered to the Tax Collector of the City of Mobile, and it shall be his duty to add the amounts of the respective assessments to the next regular bills for ad valorem taxes against the said respective lots and parcels of land for municipal purposes, and such amounts shall be collected at the same time and in the manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedure on foreclosure and sale as in the case of delinquency as provided for ordinary ad valorem taxes.

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

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

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

DECLARE WEEDS NOXIOUS, GROUP #1536. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-186-2016

WHEREAS, a survey has been made to determine the properties upon which or in front of which noxious or dangerous weeds are growing and the agents or employees of the City of Mobile have obtained the legal description of parcels of property in the City of Mobile upon which or in front of which such weeds are growing, and it has been determined to follow the provisions of Act No. 329 of the Legislature of the State of Alabama approved on April 28, 1988, and to have caused such weeds to be cut or otherwise abated as public nuisances:

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE AS FOLLOWS:

Section 1: It has been determined by the City Council of Mobile that the weeds on the privately owned lots or parcels of land described in Exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part thereof as though set, known as Group 1536 under the caption "NOXIOUS OR DANGEROUS WEEDS GROWING ON PROPERTY," are noxious and dangerous, and such weeds are hereby declared to be public nuisances. The properties upon which such weeds growing are all located within the corporate limits of the City of Mobile, about the streets referred to in the description which are more particularly described in said exhibit “A”.

Section 2: The weeds growing on or in front of the above described parcels of property shall be abated by the removal of such noxious or dangerous weeds or they will be removed and the nuisances abated by the City of Mobile, in which case the cost of such removal will be assessed against the respective parcels of lands from which such weeds are removed, and such cost will constitute a lien upon such respective parcels of land until paid. A public meeting is hereby called to be held in the Auditorium of the Government Plaza, 205 Government Street, Mobile, Alabama, on the 19th day of April 2016 at ten thirty a.m., for the purpose of hearing any objections to the declarations contained in this resolution and to the proposed removal of such weeds, at which time all objections will be heard and given due consideration by the City Council of Mobile; and it is directed that there shall be conspicuously posted in front of each parcel of property, a notice headed "NOTICE TO DESTROY WEEDS," such heading to be in words not less than one inch in height and substantially in the form set out in such Act No. 329, approved April 29, 1988.

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

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

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

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH JAMES H. ADAMS & SON CONSTRUCTION, INC. FOR 2016 DRAINAGE IMPROVEMENTS AND REPAIRS-GROUP A. $1,086,714.00 (COM PROJECT NO. 2016-202-10) (2016 CIP D4, #199; D4, #201; D6 #316 AND D7, #358). The following resolution was laid over for one (1) week to the regular meeting of Tuesday, March 29, 2016.

RESOLUTION: 21-188-2016

Sponsored by: Councilmembers Williams, Rich and Gregory
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 set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the office of the City Clerk.

Name of company: James H. Adams & Son Construction Co., Inc.

Project name 2016 Drainage Improvements and Repairs - Group A;
COM Project No. 2016-202-10

Estimated Cost: $1,086,714.00

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE AGREEMENT WITH WHITE & SMITH, LLC FOR CONSULTATION SERVICES IN THE AREAS OF GENERAL LAND USE PLAN, MAJOR STREET PLAN, ZONING ORDINANCE AND SUBDIVISION REGULATIONS, $599,968.00 (CITY-WIDE) (CO0007). The following resolution was laid over for one (1) week to the regular meeting of Tuesday, March 29, 2016.

RESOLUTION: 01-189-2016

Sponsored by: 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, the Agreement between White & Smith, LLC, and the City of Mobile, Alabama, for consultation services in the areas of General Land Use Plan, Major Street Plan, Zoning Ordinance, and Subdivision as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk.

AUTHORIZE A CONSTRUCTION AGREEMENT WITH THE ALABAMA DEPARTMENT OF TRANSPORTATION FOR ZEIGLER BOULEVARD FROM ATHEY ROAD TO FORREST HILL DRIVE, $73,000.00 (D7; COM PROJECT NO. 2007-202-02; CO053). The following resolution was laid over for one (1) week to the regular meeting of Tuesday, March 29, 2016.

RESOLUTION: 01-190-2016

Sponsored by: Councilmember Gregory 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 construction agreement, by and between the City of Mobile and Alabama Department of Transportation, for work as outlined in the agreement attached hereto and made a part hereof as set forth in full. A copy of said executed agreement will be on file in the office of the City Clerk.

Name of company: Alabama Department of Transportation

Project name: Zeigler Boulevard from Athey Road to Forrest Hill Drive
Mobile County DBMB-STPMB-7550(600)/COM
Project 2007-202-02 Construction Agreement

Estimated City funds: $72,000.00

AUTHORIZE THE TRANSFER OF $250,000.00 FROM GENERAL LEDGER ACCOUNT #1004.3000.4220, PLANNING & DEVELOPMENT PROFESSIONAL & TECHNICAL TO CAPITAL PROJECT #C0007, CITY’S SHARE-ECONOMIC DEVELOPMENTS IN THE CAPITAL IMPROVEMENT FUND 2000. The following resolution was laid over for one (1) week to the regular meeting of Tuesday, March 29, 2016.

RESOLUTION: 09-191-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $250,000.00 be re-allocated from General Fund 1004.3000.42200 Planning and Development, Professional and Technical Expenditures; to Capital Project #C0007 City's Share-Economic Development in the Capital Improvement Fund (Fund 2000). These funds will be used for a new Zoning Contract.

AUTHORIZE PERFORMANCE CONTRACT WITH THE MOBILE AREA CHAMBER OF COMMERCE FOUNDATION, INC. TO SERVE AS AN ENTREPRENEURSHIP CENTER WITH BUSINESS INCUBATION AND ACCELERATION SERVICES, $50,000.00 (CITY-WIDE; #10042500 42200). The following resolution was laid over for one (1) week to the regular meeting of Tuesday, March 29, 2016.

RESOLUTION: 21-192-2016

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the Mayor and 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 Performance Contract between the City of Mobile, and Mobile Area Chamber of Commerce Foundation, Inc.,
Innovation PortAL as outlined in the agreement attached hereto and made a part hereof as though forth in full herein. A copy of said agreement is on file in the office of the City Clerk.

Councilmember Rich returned to the meeting.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 3500 AND 3520 GOVERNMENT BOULEVARD (NORTH SIDE OF WEST I-65 SERVICE ROAD SOUTH, 510’ ± EAST OF LAKESIDE DRIVE) FROM I-1 T AND B-3 TO B-3. The following resolution was introduced by Councilmember Richardson.

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 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 April, 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.

Notice is published pursuant to a resolution of the City Council of Mobile adopted on the 22nd day of March, 2016.

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 Mobile, State of Alabama, described as follows to-wit:

BEGINNING AT THE SOUTHERNMOST CORNER OF LOT 1, RESUBDIVISION OF LOT 2, PHASE ONE, HARRIS BUSINESS PARK AS RECORDED IN MAP BOOK 79, PAGE 105, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; THENCE NORTH 37°-32’-10” WEST 316.44 FEET TO THE NORTHWEST CORNER OF LOT 1; REGAL INVESTMENTS SUBDIVISION AS RECORDED IN MAP BOOK 117, PAGE 94 OF THE AFORESAID RECORDS; THENCE NORTH 02°-36’ EAST ALONG THE WEST LINE OF LOT 1, REGLA INVESTMENTS SUBDIVISION 395.17 FEET; THENCE SOUTH 87°-24’ EAST 225.28 FEET; THENCE SOUTH 02°-36’ WEST 12.50 FEET; THENCE SOUTH 04°-40’-59” EAST 270.57 FEET; THENCE SOUTH 24°-45’-58” ESAT 254.30 FEET TO THE P.C. OF A 25.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE SOUTHWARDLY ALONG THE ARC OF SAID CURVE 34.72 FEET TO THE P.T. THEREOF; THENCE SOUTH 54°-48’-38” WEST ALONG THE NORTH LINE OF U.S. HIGHWAY 90 A DISTANCE OF 99.44 FEET TO THE POINT OF BEGINNING.

The classification of said property is hereby changed from Rezoning from I-1, Light Industrial District, and B-3, Community Business District, to B-3, Community 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 -3 Community 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-3, Community Business District, until all of the condition set forth below have been complied with: 1) full compliance with Section 64-4.E.3. of the Zoning Ordinance regarding tree and landscaping requirements; 2) Board of Zoning Adjustment Surface Variance approval regarding aggregate surfacing; 3) completion of subdivision process; and 4) full compliance with all other municipal codes and ordinances.

The classification of said property is hereby changed from Rezoning from I-1, Light Industry District, and B-3, Community Business District, to B-3, Community Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the terms of said Ordinance in a B-3, Community 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-3, Community Business District, until all of the conditions set forth below have been complied with: 1) full compliance with section 64-4.E.3. of the Zoning Ordinance regarding tree and landscaping requirements; 2) Board of Zoning Adjustment Surface Variance approval regarding aggregate surfacing; 3)completion of the subdivision process; and 4) full compliance with all other municipal codes and ordinances.

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

Councilmember Richardson then moved to call for the public hearing, which move was seconded by Councilmember Gregory, and the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer set the date for the public hearing as Tuesday, April 19, 2016.

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 351 AND 401 WESTERN DRIVE AND 3216 AND 3224 MOFFETT ROAD (NORTH SIDE OF MOFFETT ROAD, 320 ± WEST OF WESTERN DRIVE EXTENDING TO THE WEST SIDE OF WESTERN DRIVE 320 ± NORTH OF MOFFETT ROAD) FROM B-1 TO B-3 AND I-1. The following resolution was introduced by Councilmember Richardson.

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 is hereby given that the City of Mobile proposes to consider adoption of the attached. Amendment to the Ordinance on the 16th day of May, 1967, and known as the “Zoning Ordinance." The adoption of such amendment will be considered by the City of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 19th day of April, 2016, at 10:30 a.m. At such time and place all 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 March, 2016.

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 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:

LOTS 1 & 2 RESUBDIVISION OF DELCHAMPS COMMERCIAL SUBDIVISION

The classification of said property is hereby changed from B-1, Buffer-Business District to B-3, Community Business District, and I-1, Light-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 B-3 & I-1, 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-3 & I-1, until all of the conditions set forth below have been complied with: 1) completion of the subdivision process; and 2) full compliance with all municipal codes and ordinances.

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

Councilmember Richardson then moved to call for the public hearing, which move was seconded by Councilmember Gregory, and the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer set the date for the public hearing as Tuesday, April 19, 2016.

ANNOUNCEMENTS

Councilmember Gregory reminded everyone that a number of sunrise Easter services will be held on Easter Sunday.

The Presiding Officer adjourned the meeting at approximately 1:54 p.m.

Approved: March 29, 2016

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK





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