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 Aug 16, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, AUGUST 16, 2016

The Council of the City of Mobile, Alabama, met in the City Council’s Conference Room on the ninth floor of the Mobile Government Plaza on Tuesday, August 16, 2016, at 9:00 a.m.

Present:
Chairman: Gregory
Councilmembers: Richardson, Manzie, Small, Williams, Daves and Rich
Absent: None

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, AUGUST 16, 2016

The Council of the City of Mobile, Alabama, met in the Ceremonial Court Room of the Mobile Government Plaza on Tuesday, August 16, 2016, at 10:30 a.m., in regular meeting.

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

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

The Presiding Officer led the Pledge of Allegiance.

Councilmember Gregory asked everyone to remain standing for a moment of silence for the flood victims in Louisiana.

Present on Roll Call:

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

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and that there will be no hats, hoods, sunglasses or large bags permitted in the meeting room.

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 August 9, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

None

ADOPTION OF THE AGENDA:

Councilmember Richardson moved for the adoption of the agenda, which motion 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 agenda adopted.

APPEALS:

The Council considered the request of Arthur L. Spears, Jr., Central High School Wildcats Alumni Association, for a waiver of the Noise Ordinance at 1365 Martin Luther King, Jr. Avenue (Bishop State Community College-Central Campus; rear parking lot) on November 18, 2016, from 5:30 p.m. - 7:30 p.m. (District 2).

Councilmember Small moved that the waiver be granted which motion was seconded by Councilmember Richardson, 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 waiver granted.

The Council considered the request of Melissa Mutert, The Porch Society, for a waiver of the Noise Ordinance at the 200 block of Dexter Avenue on October 27, 2016, from 6:00 p.m. – 10:00 p.m. (District 2).

Councilmember Small moved that the waiver be granted which motion was seconded by Councilmember Richardson, 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 waiver granted.

The Council considered the request of Stephen Coker and Mary Elizabeth Snow for a waiver of the Noise Ordinance at 2505 River Forest Road on September 17, 2016, from 2:00 p.m. – 10:00 p.m. (District 3).

Councilmember Small moved that the waiver be granted which motion was seconded by Councilmember Richardson, 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 waiver granted.

The Council considered the request of Leon Simms for a waiver of the Noise Ordinance at 1831 Riverside Drive on September 3, 2016, from 2:00 p.m. – 10:00 p.m. (District 3).

Councilmember Small moved that the waiver be granted which motion was seconded by Councilmember Richardson, 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 waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 1151 DAUPHIN STREET (SOUTHWEST CORNER OF DAUPHIN STREET AND OAKLAND TERRACE) FROM R-1 AND B-1 TO B-1 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 1151 Dauphin Street (southwest corner of Dauphin Street and Oakland Terrace) from R-1 and B-1 to B-1 and asked if there was anyone present to speak for or against this matter.

No one appeared.

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:

AGENDA ITEMS:

None

NON-AGENDA ITEMS:

Councilmember Gregory recognized County Commissioner Jerry Carl, who was present in the audience.

Pastor Nathaniel Wilder of the Crichton Community Action Group, 2707 Josephine Street, expressed his group’s desire for a meeting/conference room to be included in the plans for the new fire station being built in Crichton.

Ted Smelser, 28137 Turkey Branch Drive, Daphne, addressed the Council regarding SForzando, a musical gathering known as a “drum circle” that will be meeting at the First Baptist Church of Mobile.

RESOLUTIONS HELD OVER:

AUTHORIZE CONTRACT WITH GULF COAST UNDERGROUND FOR 2016 MISCELLANEOUS STORM DRAIN IMPROVEMENTS AND REPAIRS, COM PROJECT NO. 2016-202-10B AND 2016-3005-35B, $674,970.65 (2016 CIP - #8, D1, LA PINE; #253, D5, GRAFHILL; #309, D6, GASLIGHT, #314, D6, 1524 RIDGELAND) (2017 ADVANCED CIP – D3, 1125 NORTH DRIVE; D4, 2556 FLEETWOOD; D5, 2666 GOVERNMENT BOULEVARD; D6, CODY @ MILKHOUSE; D7, 4317 MARQUETTE; D8, 4558 BROOKMORE). The following resolution, which was introduced and read at the regular meeting of Tuesday, August 9, 2016 and held over until the regular meeting of Tuesday, August 16, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-511-2016

Sponsored by: Councilmembers Richardson, Small, Williams, Daves,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: Gulf Coast Underground

Project name: 2016 Miscellaneous Storm Drainage
Improvements and Repairs

COM project no.: 2016-202-10B and 2016-3005-358
(2016 CIP - as listed below)
#8 (D1) - La Pine
#253 (D5) - Grafhill
#309 (D6) - Gaslight
8314 (D6) - 1524 Ridgeland

(2017 Advanced CIP as listed below)
(D3) - 1125 North Dr.
(D4) - 2556 Fleetwood
(D5) - 2666 Government Blvd.
(D6) - Cody tar Milkhouse
(D7) - 4317 Marquette
(08) - 4558 Brookmore

Estimated cost: $ 674,970.65

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, 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 ORDINANCES BEING INTRODUCED FOR THE FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Ordinance 88-038. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the item.

ORDINANCES BEING INTRODUCED:

AMEND ARTICLE I, SECTION 1-2 OF THE CITY CODE TO REDUCE THE POLICE JURISDICTION FROM THREE MILES TO ONE AND ONE-HALF MILES EFFECTIVE JANUARY 1, 2017. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, August 23, 2016.

ORDINANCE: 01-036-2016

Sponsored by: Councilmembers Gregory, Williams and Rich
and Mayor Stimpson

AN ORDINANCE TO AMEND ARTICLE I SECTION 1-2 OF THE CITY CODE TO REDUCE THE POLICE JURISDICTION FROM THREE MILES TO ONE AND ONE-HALF MILES

WHEREAS, Acts of Alabama, 2016, Act No. 16-391, amended ALABAMA CODE (1975) Section 11-40-10 (a) by adding a new subsection (3) that authorizes any municipality with a three mile police jurisdiction under subsection (1) to reduce its police jurisdiction to a mile and a half by ordinance of the municipality which will take effect on the first day of January following its adoption on or before the preceding first day of October; and,

WHEREAS, the police jurisdiction of the City of Mobile is three miles under Section 11-40-10(a) (1); and,

WHEREAS, the City desires to reduce its police jurisdiction to one mile and one-half miles effective January 1, 2017; and,

WHEREAS, the City Code for the City of Mobile at Article I Section 1-2, Definitions and Rules of Construction, defines "Police Jurisdiction" as the territory outside but within three (3) miles of the corporate limits of the City, but not including territory within the corporate limits of any other incorporated municipality; and,

WHEREAS, the City desires to amend Article I Section 1-2 of its City Code by deleting "three (3)" and replacing it with "one and one-half (11/2)";

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that:

Section 1. It is the intention and desire of the City Council of the City of Mobile to amend its laws, ordinances, and City Code to reduce the police jurisdiction of the City from three (3) miles to one and one-half (11/2) miles outside the corporate limits.

Section 2. Article 1 of the City Code, Definitions and Rules of Construction, is hereby amended at Section 1-2, definition of Police Jurisdiction, by deleting "three (3)" and substituting therefor "one and one-half (1 1/2)" so that the definition, as amended, reads:

Police Jurisdiction shall mean the territory outside, but within one and one-half (1 1/2) miles of the corporate limits of the city, but not including territory within the corporate limits of any other incorporated municipality.

REPEALER. All City Code sections and ordinances or parts of City Code sections and ordinances in conflict are hereby repealed.

EFFECTIVE DATE. This amendment shall be effective January 1, 2017.

REZONE PROPERTY AT 1151 DAUPHIN STREET (SOUTHWEST CORNER OF DAUPHIN STREET AND OAKLAND TERRACE) FROM R-1 AND B-1 TO B-1. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, August 23, 2016.

ORDINANCE: 64-037-2016

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:

LOTS 2, 4 AND 6 LESS EXCEPT THE WEST 8.0 FEET, OAKLAND TERRACE AS RECORDED IN DEED BOOK 156 PAGE 97 PROBATE COURT RECORDS, MOBILE COUNTY, AL.

The classification of said property is hereby changed from 11-1, Single-Family Residential District, and B-1, Buffer Business District, to B-1, Buffer 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-1, Buffer 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-1, Buffer Business District, 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.

AUTHORIZE CONVEYANCE OF UNDIVIDED INTEREST OF MEDAL OF HONOR PARK TO MOBILE COUNTY. The following ordinance was introduced by Councilmember Rich.

ORDINANCE: 88-038-2016

Sponsored by: Mayor Stimpson

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

SECTION ONE: That the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, for and in the name and on behalf of the City of Mobile, the Quitclaim Deed attached hereto conveying a five percent (5%) undivided interest in certain real property to Mobile County known as Medal of Honor Park, for so long as the property is used as a public park.

SECTION TWO: The Real Estate Officer of the City of Mobile is hereby authorized and directed to negotiate, and to execute for and in the name and on behalf of the City of Mobile, whatever supporting documents, affidavits, closing statements, or other ancillary forms necessary to complete the conveyance and transfer of said undivided interest in said real property.

SECTION THREE: Said deed is by reference made a part of this Ordinance as if fully set forth herein, and a copy of such will be on file in the Office of the City Clerk and in the Office of the Real Estate Officer of the City of Mobile, Fourth Floor, Government Plaza, 205 Government Street, Mobile, Alabama.

The ordinance was read by the City Clerk; whereupon Councilmember Rich moved that the ordinance be adopted, which was seconded by Councilmember Gregory, after comments from Councilmember Rich, 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 ordinance adopted.

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Consent Resolutions 03-515 – 58-518. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

CONSENT RESOLUTIONS BEING INTRODUCED:

APPROVE THE MAYOR’S APPOINTMENT OF ELLIOT MAISEL TO THE MOBILE AIRPORT AUTHORITY. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-515-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA that the Mayor's appointment of Elliot Maisel to the Mobile Airport Authority for the remainder of a six (6) year term, effective immediately and expiring March 26, 2020, is hereby approved and confirmed.

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, 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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR RICE ASIAN GRILL AND SUSHI BAR, 3964 GOVERNMENT BOULEVARD. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 37-516-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following application to the Alabama Alcoholic Beverage Control Board of the State of Alabama, is hereby recommended for grant of such license by said Board.

Type of application: Restaurant Retail Liquor License

Submitted by: Rice Asian Grill and Sushi Bar, LLC

Location: Rice Asian Grill and Sushi Bar
3964 Government Boulevard
Mobile, AL 36663

The resolution was read by the City Clerk; whereupon Councilmember Williams 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 REMOVAL OF WEEDS, GROUP #1543. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-517-2016

A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHALL BE OVERRULED TO THE REMOVAL OF NOXIOUS OR DANGEROUS WEEDS ON OR IN FRONT OF CERTAIN PARCELS OF LAND.

WHEREAS, notice has been duly given and posted at least five days prior to the date of this resolution in the manner provided by law offering full opportunity to all interested parties to object to the removal of noxious or dangerous weeds on the hereinafter described parcels of land, and the City Council of Mobile having held such public hearing in connection with the notices given and no objections having been filed or made by any of the interested parties; and

WHEREAS, Parcels Nos. 1 through 19 described in the resolution adopted on the 12th day of July, 2016, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.

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

SECTION 1. It is hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property:

PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED:

Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 19, as described in the resolution adopted on the 12th day of July, 2016, and entitled: "A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES."

(Lot Cleaning Liens, Group No. 1543, on file in the office of the City Clerk).

SECTION 2. The employees of the City of Mobile assigned to the work required by this resolution are hereby expressly authorized to enter upon such described pieces of property for the purpose of removing the weeds authorized by this resolution to be removed. The owner of any of the above described pieces of property shall have the right to remove the weeds ordered by this resolution to be removed from this property provided such removal is done prior to the arrival of the employees of the City of Mobile against his property by reason of any action taken hereunder. An accurate account of the costs with respect to each piece of property shall be kept by the employees of the City of Mobile covering the costs of removing such weeds in front of or in front of or on each separate lot or parcel of land where the work is done by the City of Mobile or its employees, and promptly thereafter an itemized report in writing shall be made to the City Council showing such costs with respect to each separate lot or parcel of land but before the report is submitted to the City Council a copy of the itemized costs with respect to each such lot or parcel of land shall be posted for at least three days prior to such report on the door of the Council Chamber at the City Hall of Mobile, Alabama, together with a notice of the time when the report will be submitted to the City Council for confirmation.

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Richardson, 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 REMOVAL OF WEEDS, GROUP #1544. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-518-2016

A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHALL BE OVERRULED TO THE REMOVAL OF NOXIOUS OR DANGEROUS WEEDS ON OR IN FRONT OF CERTAIN PARCELS OF LAND.

WHEREAS, notice has been duly given and posted at least five days prior to the date of this resolution in the manner provided by law offering full opportunity to all interested parties to object to the removal of noxious or dangerous weeds on the hereinafter described parcels of land, and the City Council of Mobile having held such public hearing in connection with the notices given and no objections having been filed or made by any of the interested parties; and

WHEREAS, Parcels Nos. 1 through 18 described in the resolution adopted on the 12th day of July, 2016, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.

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

SECTION 1. It is hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property:

PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED:

Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 18, as described in the resolution adopted on the 12th day of July, 2016, and entitled: "A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES."

(Lot Cleaning Liens, Group No. 1544, on file in the office of the City Clerk).

SECTION 2. The employees of the City of Mobile assigned to the work required by this resolution are hereby expressly authorized to enter upon such described pieces of property for the purpose of removing the weeds authorized by this resolution to be removed. The owner of any of the above described pieces of property shall have the right to remove the weeds ordered by this resolution to be removed from this property provided such removal is done prior to the arrival of the employees of the City of Mobile against his property by reason of any action taken hereunder. An accurate account of the costs with respect to each piece of property shall be kept by the employees of the City of Mobile covering the costs of removing such weeds in front of or in front of or on each separate lot or parcel of land where the work is done by the City of Mobile or its employees, and promptly thereafter an itemized report in writing shall be made to the City Council showing such costs with respect to each separate lot or parcel of land but before the report is submitted to the City Council a copy of the itemized costs with respect to each such lot or parcel of land shall be posted for at least three days prior to such report on the door of the Council Chamber at the City Hall of Mobile, Alabama, together with a notice of the time when the report will be submitted to the City Council for confirmation.

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Richardson, 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 THE FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 01-519 and 01-521. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE AGREEMENT WITH MOBILE COUNTY FOR FUNDING CAPITAL IMPROVEMENTS AT MEDAL OF HONOR PARK ($510,000.00 PAID BY MOBILE COUNTY). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 01-519-2016

Sponsored by: Councilmember Rich 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, the Agreement by and Between the City of Mobile and the County of Mobile for Funding for Improvements to Medal of Honor Park, to fund capital improvements at the Park, including new state of the art playground facilities the amount of $510,000, 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.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Daves, after comments from Councilmember Rich, 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 E. CORNELL MALONE CORPORATION FOR WOODCOCK SCHOOL-ROOF REPAIRS, $84,349.00 (D2; PR-054-16; CO164). The following resolution was held over for one (1) week until the regular meeting of Tuesday, August 23, 2016.

RESOLUTION: 21-520-2016

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: E. Cornell Malone Corporation

Project name: Woodcock School - Roof Repairs

Project number: PR-054-16

Amount: $84,349.00

AUTHORIZE AGREEMENT WITH THE UNIVERSITY OF SOUTH ALABAMA FOR THE PURPOSE OF PROVIDING LEARNING OPPORTUNITIES FOR NURSING STUDENTS. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 01-521-2016

Sponsored by: Councilmembers Gregory and Rich 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, the Agreement Between the City of Mobile and the University of South Alabama for the purpose of providing learning opportunities for undergraduate and graduate nursing students. A copy of said Agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, after comments from Councilmember Rich, 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.

ANNOUNCEMENTS:

Councilmember Manzie assured downtown residents that the Council and administration are studying what can be done to make their community safer.

Councilmember Manzie mentioned there will be a meeting to discuss the re-naming of Bay Bridge Road on Tuesday, August 23, 2016 at Union Missionary Baptist Church.

Councilmember Daves announced the Finance Committee will meet Tuesday, August 23, 2016, 2:00 p.m. in the Council conference room on the ninth floor of Government Plaza. The purpose of the meeting is to review the fiscal year 2017 proposed budget.

Councilmember Daves echoed Mr. Manzie’s assurance to the citizens regarding recent events in downtown.

Councilmember Richardson stated the Midtown community meeting will be held on Thursday, August 18, 2016, 6:00 p.m., at 15 Wisteria Avenue.

Councilmember Richardson announced the Crichton Community Action Group will meet Tuesday, August 16, 2016, 6:00 p.m. at St. Stephens AME Church.

Councilmember Richardson reported the Toulminville sidewalks project is progressing.

Councilmember Rich advised the Public Safety Committee will meet today, 2:00 p.m. in the Ceremonial Courtroom. The recent shootings in downtown and possible remedies for downtown crime will be discussed.

Councilmember Small recognized Mobile Airport Authority Executive Director Mr. Roger Wehner for his organization’s partnership with the City in improving Doyle Park.

Councilmember Small recounted he visited several schools in district three and noted the school year is off to a great start.

Councilmember Small asked the administration to not move money out of the sidewalk budget because of the investment needed in his district.

Councilmember Small indicated that the district three side of Ann Street is congested because of construction.

Councilmember Small reminded citizens to call 311 if properties surrounding them are abandoned or need attention.

Councilmember Williams advised he will be attending the celebration of Mr. Ernie Andrus’ completion of a 2,600 mile coast to coast run that will finish Saturday, August 20, 2016 at the Coast Guard Station in St. Simons Island, Georgia, one day after his 93rd birthday.

Councilmember Gregory reported the first travel associated case of the Zika virus has been reported in Mobile County.

Councilmember Gregory advised the City’s Innovation Team will show the Council a presentation of how they are tracking the progress of blighted properties.

Councilmember Gregory announced the Mobile Terrace Community Development Corporation’s back to school rally will be held Saturday, August 20, 2016 at McCants Chavers Park.

Councilmember Gregory informed the public that the pot holes on Old Shell Road, caused by recent rains, will be repaired.

Councilmember Gregory noted the Park Terrace and Alpine Hills community meeting will be held Tuesday, August 30, 2016 at St. Johns Methodist Church on Overlook Road. The focus of the meeting will be the widening of Zeigler Boulevard. ALDOT representatives, City Engineer Nick Amberger and traffic engineering employees will be present.

The Presiding Officer recessed the regular meeting at approximately 11:24 a.m.

The Presiding Officer reconvened the regular meeting at approximately 8:00 a.m. on Wednesday, August 17, 2016 in the Council conference room located on the ninth floor of the Mobile Government Plaza.

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF ORDINANCES BEING INTRODUCED FOR THE FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Ordinance 30-039 and 30-040. The motion was seconded by Councilmember Gregory, and the vote was as follows:

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

ORDINANCES BEING INTRODUCED:

AMEND CHAPTER 30, ARTICLE 1 OF THE CITY CODE TO ESTABLISH A “NO CRUISING ZONE” IN DOWNTOWN MOBILE. The following ordinance was introduced by Councilmember Manzie.

ORDINANCE: 30-039-2016

AN ORDINANCE TO AMEND CHAPTER 30 OF THE MOBILE CITY CODE

WHEREAS, the City of Mobile desires to establish areas of “no cruising” to create additional safety measures and precautions on city streets to protect citizens from illegal and unsafe behavior; and

WHEREAS, downtown residents, owners and patrons of establishments have requested that a “no-cruising zone” be implemented in the downtown entertainment districts of the City of Mobile; and
WHEREAS, a “no-cruising zone” will be signified by signs in the downtown entertainment districts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOBILE DOES HEREBY ORDAIN AND ADD AS SECTION 30-13.1 TO CHAPTER 30, ARTICLE 1 OF THE CITY CODE, AS FOLLOWS:
Section 1. (a) The term “no-cruising zone” shall mean and encompass all of the Downtown Entertainment Districts as defined or amended in Chapter 30, Art. 1, Section 30-13 of the Mobile City Code.
(b) The terms “cruise” and “cruising” shall mean operating a motor vehicle, or permitting the operation of a motor vehicle under one’s care, custody, or control, so as to pass the same traffic points within a “no cruising zone” more than twice within any two (2) hour period.
Section 2. It shall be unlawful for any person to cruise or engage in cruising in a no-cruising zone, between the hours of 10:00 p.m. and 6:00 a.m., daily.
Section 3. Any person charged with violating this Ordinance shall be required to appear in municipal court, and upon conviction shall be subject to punishment as provided in Chapter 1, Article II of the Mobile City Code.
Section 4. 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 5. All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.

Section 6. 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 Daves moved that the ordinance be adopted, which was seconded by Councilmember Rich.

Succeeding discussion between all Councilmembers, Police Chief Barber, Mayor Stimpson and City Attorney Ricardo Woods, Councilmember Manzie made a motion to amend the original ordinance as follows:

AN ORDINANCE TO AMEND CHAPTER 30 OF THE MOBILE CITY CODE

WHEREAS, the City of Mobile desires to establish areas of “no cruising” to create additional safety measures and precautions on city streets to protect citizens from illegal and unsafe behavior; and

WHEREAS, downtown residents, owners and patrons of establishments have requested that a “no-cruising zone” be implemented in the downtown entertainment districts of the City of Mobile; and
WHEREAS, a “no-cruising zone” will be signified by signs in the downtown entertainment districts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOBILE DOES HEREBY ORDAIN AND ADD AS SECTION 30-13.1 TO CHAPTER 30, ARTICLE 1 OF THE CITY CODE, AS FOLLOWS:
Section 1. (a) The term “no-cruising zone” shall mean and encompass all of the Downtown Entertainment Districts as defined or amended in Chapter 30, Art. 1, Section 30-13 of the Mobile City Code.
(b) The terms “cruise” and “cruising” shall mean operating a motor vehicle, or permitting the operation of a motor vehicle under one’s care, custody, or control, so as to pass the same traffic points within a “no cruising zone” more than twice within any two (2) hour period.
Section 2. It shall be unlawful for any person to cruise or engage in cruising in a no-cruising zone, between the hours of 10:00 p.m. and 6:00 a.m., daily.
Section 3. Any person suspected of being in violation of this Ordinance shall first be issued a warning that his or her actions constitute “cruising” within the meaning of this Ordinance. Any subsequent violation after being warned shall subject said person to being charged with a violation.
Section 4. Any person charged with violating this Ordinance shall be required to appear in municipal court, and upon conviction shall be subject to punishment as provided in Chapter 1, Article II of the Mobile City Code.
Section 5. 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 6. All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.

Section 7. This Ordinance shall sunset at midnight on November 17, 2016, unless earlier extended, modified, or amended by action of the Council.

Section 8. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.
which motion was seconded by Councilmember Small, 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 amendment adopted.

Councilmember Gregory called for the vote on the original motion as amended 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 ordinance adopted.

AMEND CHAPTER 30 OF THE MOBILE CITY CODE RELATING TO OUTSIDE CONSUMPTION OF ALCOHOL. The following ordinance was introduced by Councilmember Small.

ORDINANCE: 30-040-2016

AN ORDINANCE TO AMEND CHAPTER 30 OF THE MOBILE CITY CODE

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

Section 1. That subsection (b) of Section 30-13 of CHAPTER 30, ARTICLE I of Mobile City Code, is hereby amended to read as follows:
Amend subsection (b) of Section 30-13, to read as follows:
(b) Outside consumption of alcoholic beverages permitted; conditions. Any on-premise retail alcohol beverage licensee who receives an entertainment district designation from the Alabama Alcoholic Beverage Control Board shall comply with all laws, rules, and regulations which govern its license type, except that a patron, guest or member of that licensee may exit the licensed premises between the hours of 12:00 p.m. (Noon) and 12:00 a.m. (Midnight) with no more than one (1) open container of alcoholic beverages and consume said alcoholic beverages anywhere within the confines of the entertainment district in which the alcoholic beverage was obtained (except for those areas encompassing Bienville Square Park, Cathedral Square Park, and Mardi Gras Park), subject to the following regulations:

(1) A person may not enter another licensed premises with an open container or closed container of alcoholic beverages acquired elsewhere.

(2) A licensee who receives an entertainment district designation shall allow alcoholic beverages to be removed from the licensed premises only in a paper or plastic cup that bears the commercially printed name and/or logo of the designated licensee, or in a paper or plastic cup bearing the "LODA" logo obtained from Main Street Mobile, and no such alcoholic beverages shall be removed from the licensed premises in a can, bottle, or glass container; except, that glass containers shall be allowed in a licensee's outdoor sit down dining areas that are situated on a sidewalk or other right-of-way where the licensee has a right-of-way use agreement with the city.
(3) No licensee shall allow a patron, guest or member to exit its licensed premises with more than one (1) open container of alcoholic beverages, and it shall be unlawful for any person to exit such licensed premises with more than one (1) such open container.

(4) It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass container, or to possess any open can, bottle, or glass container of alcoholic beverages on the streets, sidewalks, rights-of-way, and parking lots located within an entertainment district; except, that glass containers shall be allowed in a licensee's outdoor sit down dining areas that are situated on a sidewalk or other right-of-way where the licensee has a right-of-way use agreement with the city.

(5) No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed sixteen (16) fluid ounces in size.

(6) No person shall possess on the streets, sidewalks, rights-of-way, parking lots, or outdoor public areas located within the entertainment district any open alcoholic beverage container which exceeds sixteen (16) fluid ounces in size.

Section 2. 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 3. All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.

Section 4. 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 Daves moved that the ordinance be adopted, which was seconded by Councilmember Rich.

Succeeding discussion between all Councilmembers and City Attorney Ricardo Woods; Councilmember Small made a motion to amend the original ordinance as follows:

AN ORDINANCE TO AMEND CHAPTER 30 OF THE MOBILE CITY CODE

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

Section 1. That subsection (b) of Section 30-13 of CHAPTER 30, ARTICLE I of Mobile City Code, is hereby amended to read as follows:

Amend subsection (b) of Section 30-13, to read as follows:

(b) Outside consumption of alcoholic beverages permitted; conditions. Any on-premise retail alcohol beverage licensee who receives an entertainment district designation from the Alabama Alcoholic Beverage Control Board shall comply with all laws, rules, and regulations which govern its license type, except that a patron, guest or member of that licensee may exit the licensed premises between the hours of 12:00 p.m. (Noon) and 12:00 a.m. (Midnight) with no more than one (1) open container of alcoholic beverages and consume said alcoholic beverages anywhere within the confines of the entertainment district in which the alcoholic beverage was obtained (except for those areas encompassing Bienville Square Park, Cathedral Square Park, and Mardi Gras Park), subject to the following regulations:

(1) A person may not enter another licensed premises with an open container or closed container of alcoholic beverages acquired elsewhere.

(2) A licensee who receives an entertainment district designation shall allow alcoholic beverages to be removed from the licensed premises only in a paper or plastic cup that bears the commercially printed name and/or logo of the designated licensee, or in a paper or plastic cup bearing the "LODA" logo obtained from Main Street Mobile, and no such alcoholic beverages shall be removed from the licensed premises in a can, bottle, or glass container; except, that glass containers shall be allowed in a licensee's outdoor sit down dining areas that are situated on a sidewalk or other right-of-way where the licensee has a right-of-way use agreement with the city.

(3) No licensee shall allow a patron, guest or member to exit its licensed premises with more than one (1) open container of alcoholic beverages, and it shall be unlawful for any person to exit such licensed premises with more than one (1) such open container.

(4) It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass container, or to possess any open can, bottle, or glass container of alcoholic beverages on the streets, sidewalks, rights-of-way, and parking lots located within an entertainment district; except, that glass containers shall be allowed in a licensee's outdoor sit down dining areas that are situated on a sidewalk or other right-of-way where the licensee has a right-of-way use agreement with the city.

(5) No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed sixteen (16) fluid ounces in size.

(6) No person shall possess on the streets, sidewalks, rights-of-way, parking lots, or outdoor public areas located within the entertainment district any open alcoholic beverage container which exceeds sixteen (16) fluid ounces in size.

Section 2. 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 3. All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.

Section 4. This Ordinance shall sunset at midnight on November 17, 2016, unless earlier extended, modified, or amended by action of the Council.

Section 5. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.

which motion 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 amendment adopted.

Councilmember Gregory called for the vote on the original motion as amended 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 ordinance adopted.

The Presiding Officer adjourned the regular meeting at approximately 9:53 a.m.

Approved: August 23, 2016

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK




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