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 Nov 01, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, NOVEMBER 1, 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, November 1, 2016, at 9:00 a.m.

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

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: November 8, 2016

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, NOVEMBER 1, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, November 1, 2016, at 12:15 p.m., in regular meeting.

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

Councilmember Reverend Levon Manzie offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

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 October 25, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Chief of Staff Colby Cooper advised there would be no communications from the Administration today.

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich 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 Terry Mannion for a waiver of the Noise Ordinance at 11 North Dearborn Street, on November 11, 2016, from 7:30 p.m. – 10:00 p.m. (District 2).

Councilmember Daves moved that the waiver be granted 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 waiver granted.

The Council considered the request of Charly Jones, Jr., Omega Psi Phi Fraternity, Inc., for a waiver of the Noise Ordinance at Bienville Square on November 6, 2016, from 10:00 a.m. – 5:00 p.m. (District 2).

Councilmember Daves moved that the waiver be granted 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 waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 3490 HURRICANE BAY ROAD (NORTHEAST CORNER OF HURRICANE BAY ROAD AND HURRICANE BAY LANE) FROM B-5 TO I-1 (DISTRICT 4).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 3490 Hurricane Bay Road (northeast corner of Hurricane Bay Road and Hurricane Bay Lane from B-5 to I-1) and asked if there was anyone present to speak for or against this matter.

No one appeared.

The Presiding Officer declared the hearing suspended 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:

None

ORDINANCES HELD OVER:

FURTHER AMEND ORDINANCE 30-040 (2016) OF THE CITY CODE PERTAINING TO OPEN CONTAINERS WITHIN THE DOWNTOWN ENTERTAINMENT DISTRICT. The following ordinance which was introduced and read at the regular meeting of Tuesday, October 25, 2016, and held over until the regular meeting of Tuesday, November 1, 2016, was called up by the Presiding Officer.

ORDINANCE: 30-057-2016

Sponsored by: Councilmember Gregory and Manzie

AN ORDINANCE TO FURTHER AMEND ORDINANCE 30-040 (2016) OF THE MOBILE CITY CODE

WHEREAS, in Ordinance 30-040 (2016) the Council changed the time during which open containers of alcoholic beverages may be consumed within the entertainment district to 12:00 p.m. (Noon) to 12:00 a.m. (Midnight); and,

WHEREAS, Section 4 of Ordinance 30-040 provides that "this Ordinance shall sunset at midnight on November 17, 2016, unless earlier extended, modified, or amended by action of the Council;" and,

WHEREAS, the Council now determines that the provisions of Ordinance 30-040 should be made permanent.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that Section 4 of Ordinance 30-040 is hereby rescinded, it being the intent of the Council that Ordinance 30-040 shall not sunset at midnight on November 17, 2016, but instead shall become of permanent operation and effect.

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

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

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

RESOLUTIONS HELD OVER:

APPROVE BRENT HILL APARTMENTS AND PUBLIC FINANCING AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS (DOGWOOD HOUSING, INC. ALABAMA PORTFOLIO PROJECT) SERIES 2016. The following resolution which was introduced and read at the regular meeting of Tuesday, October 25, 2016, and held over until the regular meeting of Tuesday, November 1, 2016, was called up by the Presiding Officer.

RESOLUTION: 07-683-2016

RESOLUTION NO. REGARDING BRENT HILL APARTMENTS AND PUBLIC FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS (DOGWOOD HOUSING, INC. ALABAMA PORTFOLIO PROJECT) SERIES 2016

BE IT RESOLVED BY THE CITY COUNCIL (the "City Council") OF THE CITY OF MOBILE, ALABAMA (the "City") AS FOLLOWS:

Section 1. The City Council has found and determined as follows:

(a) Public Finance Authority, a political subdivision of the State of Wisconsin created for the purpose of issuing bonds (the "Authority"), intends to issue its Multifamily Housing Revenue Bonds (Dogwood Housing, Inc. Alabama Portfolio Project) Series 2016, in one or more series (the "Bonds") from time to time, in an amount not to exceed $7,700,000. A portion of the proceeds from the sale of the Bonds, not expected to exceed $3,000,000, will be used to make a loan to Brent Hill Affordable LLC, an Alabama limited liability company (the "Borrower"), the sole member of which is Dogwood Housing, Inc., a Maryland nonprofit corporation, and used to finance the acquisition, rehabilitation, equipping and/or improvement of the following multifamily rental housing development: Brent Hill Apartments, 1800 Shelton Beach Road, Mobile, Alabama consisting of 50 units, to be owned by the Borrower; to pay interest on the Bonds, to pay costs of issuance of the Bonds, and/or to fund a debt service reserve fund for the Bonds (collectively, the "Project"). The Project is located within the corporate limits of the City. The remainder of the Bonds will be issued primarily to acquire and rehabilitate an affordable housing development in Dothan, Alabama. The initial owner, operator or manager of the Project is expected to be the Borrower. The Bonds shall never constitute an indebtedness of the City within the meaning of any state constitutional provision or statutory limitation, and will not constitute or give rise to pecuniary liability of the City or a charge against its general credit or its taxing powers.

(b) The City Council held a public hearing on October 25, 2016 concerning the Project and the proposed Bonds, and no comments were submitted; notice of such hearing was published in The Mobile Press Register on September 30, 2016.

Section 2. Solely for the purpose of complying with the provisions of the enabling law of the Authority, its organizational documents and section 147 of the Internal Revenue Code, the City Council, as the governing body of the City, hereby consents to the proposed Project (and the acquisition, rehabilitation, equipping and/or improvement thereof) located at 1800 Shelton Beach Road, Mobile, Alabama, within the corporate limits of the City, provided that said facilities otherwise comply with any and all applicable laws and ordinances, including, without limitation, all applicable zoning laws and ordinances. The City Council does hereby approve the issuance of the Bonds to finance the Project at the foregoing location and the nature of the Project, all in accordance with the foregoing proposal of the Borrower. The City Council's consent to and approval of the issuance of the Bonds shall not be construed as expressing any view whatsoever as to the financial feasibility of the Project or the adequacy of any security provided for the Bonds. This approval shall never be taken to impose any liability of any kind whatsoever upon the City Council, any member of the City Council, the City, or any City officers.

Section 3. The Mayor, the City Clerk and the members of the City Council are hereby separately authorized and directed to take any and all actions that they may deem advisable in order to give effect to the intent of this resolution, and in connection therewith to perform in the name of the City such actions and to execute, deliver, seal, attest and accept such other ancillary documents and certificates as may be necessary or advisable, and all such actions taken are hereby ratified and confirmed as valid and binding on the City.

Section 4. This resolution shall take effect immediately.

NOTICE OF PUBLIC HEARING NOT TO EXCEED S3,000,000 OF PUBLIC FINANCE AUTHORITY MULTIFAMILY HOUSING REVENUE BONDS (DOGWOOD HOUSING, INC. ALABAMA PORTFOLIO PROJECT) SERIES 2016

Notice is hereby given that, at 10:30 a.m., or as soon thereafter as the matter can be heard on October 26, 2016, at the Auditorium of the Government Plaza, first floor, 205 Government Street, Mobile, Alabama, a public hearing, as required by Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), will be held by the City Council of the City of Mobile (the "City") with respect to the proposed plan of financing for the issuance by the Public Finance Authority (the "PFA") of its Multifamily Housing Revenue Bonds (Dogwood Housing, Inc. Alabama Portfolio Project) Series 2016, in one or more series (the "Bonds") issued from time to time, in an amount not to exceed $7,700,000. A portion of the proceeds from the sale of the Bonds, not expected to exceed $3,000,000, will be used to make a loan to Brent Hill Affordable LLC, an Alabama limited liability company (the "Borrower"), the sole member of which is Dogwood Housing, Inc., a Maryland nonprofit corporation, and used to finance the acquisition, rehabilitation, equipping and/or improvement of the following multifamily rental housing development: Brent Hill Apartments, 1800 Shelton Beach Road, Mobile, Alabama consisting of 50 units, to be owned by the Borrower; to pay interest on the Bonds, to pay costs of issuance of the Bonds, and/or to fund a debt service reserve fund for the Bonds (collectively, the "Project"). The remainder of the Bonds will be issued primarily to acquire and rehabilitate an affordable housing development in Dothan, Alabama. The initial owner, operator or manager of the Project is expected to be the Borrower.

The PFA has provided the following information for this Notice: The Bonds are expected to be issued pursuant to Section 66.0304 of the Wisconsin Statutes, as amended, by the PFA, a commission organized under and pursuant to the provisions of Sections 66.0301, 66.0303 and 66.0304 of the Wisconsin Statutes. The Bonds will be limited obligations of the PFA payable only from the loan repayments to be made by the Borrowers to the PFA, and certain funds and accounts established by the bond indenture for the Bonds.

The Bonds shall never constitute an indebtedness of the City within the meaning of any state constitutional provision or statutory limitation, and will not constitute or give rise to pecuniary liability of the City or a charge against its general credit or its taxing powers.

The hearing is intended to provide a reasonable opportunity to be heard for persons wishing to express their views on the merits of the Project, its location, the issuance of the Bonds or related matters. Written comments will be accepted by the City Clerk, Government Plaza, 9th Floor, P. O. Box 1827, Mobile, Alabama 36633, but must be received on or before the time and date of the hearing.

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

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

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

AUTHORIZE CONTRACT WITH SOUTH ALABAMA REGIONAL PLANNING COMMISSION (SARPC) FOR SERVICES UNDER TITLE III OF THE OLDER AMERICANS ACT FOR TRANSPORTATION, OUTREACH, NUTRITION CENTER OPERATION AND MEALS, $167,282.00 ($57,114.00 GRANT FUNDS; $100,168.00 CITY MATCH.) The following resolution which introduced and read at the regular meeting of Tuesday, October 25, 2016, and held over until the regular meeting of Tuesday, November 1, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-685-2016

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 Contract for Services Under Title III of the Older Americans Act between the City of Mobile and South Alabama Regional Planning Commission for transportation, outreach, nutrition center operation, and meals to older individuals with the greatest economic and/or social needs. A copy of said Contract is on file in the office of the City Clerk.

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

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

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

AUTHORIZE LEASE AGREEMENTS FOR COPIERS AND MULTI-FUNCTION NETWORK DEVICES UTILIZING PRICING FROM THE ALABAMA STATE CONTRACT AND FROM COOPERATIVE PURCHASING AGREEMENTS AUTHORIZED BY THE EXAMINER OF PUBLIC ACCOUNTS. The following resolution which was introduced and read at the regular meeting of Tuesday, October 25, 2016, and held over until the regular meeting of Tuesday, November 1, 2016, was called up by the Presiding Officer.

RESOLUTION: 35-686-2016

Sponsored by: Mayor Stimpson

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

That the Mayor, subject to funding availability, is hereby authorized to execute lease agreements for copiers and multifunctional printing devices for governmental operations of the City of Mobile from the Multi-Function Network Devices contract of the Finance Department of the State of Alabama and from the Cooperative Purchasing Agreements as authorized by the Examiners of Public Accounts of State of Alabama.

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

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

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

ADOPT THE 2015 MOBILE COUNTY MULTI-HAZARD MITIGATION PLAN. The following resolution which was introduced and read at the regular meeting of Tuesday, October 25, 2016, and held over until the regular meeting of Tuesday, November 1, 2016, was called up by the Presiding Officer.

RESOLUTION: 60-687-2016

Sponsored by: 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, the adoption of the 2015 Mobile County Multi-Hazard Mitigation Plan, which is attached hereto and made a part hereof as though set forth in full. A copy of said plan will be on file in the office of the City Clerk.

A RESOLUTION ADOPTING THE 2015 MOBILE COUNTY MULTI-HAZARD MITIGATION PLAN, IN FULFILLMENT OF THE FEDERAL DISASTER MITIGATION ACT OF 2000 AND THE LOCAL MITIGATION PLAN REQUIREMENTS OF 44 C.F.R. SECTION 201.6 AND FEMA LOCAL MULTI-HAZARD MITIGATION PLANNING GUIDANCE

WHEREAS, The Federal Disaster Mitigation Act of 2000 (DMA 2000), as administered by the Alabama Emergency Management Agency (AEMA) and the Federal Emergency Management Agency (FEMA) provides Federal assistance to local governments to alleviate suffering and damage from disasters, and broadens existing relief programs to encourage disaster preparedness plans and programs, coordination and responsiveness, insurance coverage, and hazard mitigation measures; and,

WHEREAS, the DMA 2000 requirements for local mitigation plans are set forth in 44 C.F.R. Section 201.6 and the Local Mitigation Planning Handbook FEMA, March 2013; and, WHEREAS, as a prerequisite for each Mobile County jurisdiction to continue to qualify for FEMA mitigation grant assistance programs, the DMA 2000 requires the five-year update of the 2010 Mobile County Multi- Hazard Mitigation Plan which was approved by FEMA upon its local adoption on March 22, 2011; and,

WHEREAS, the AEMA had awarded a $30,000.00 planning grant funded through the FEMA Pre-Disaster Mitigation (PDM) grant program (HMGP) to the Mobile County EMA to fund 75% of the total cost of the five-year plan update for all jurisdictions within Mobile County; and,

WHEREAS the 2015 Mobile County Multi-Hazard Mitigation Plan has been prepared in accordance with DMA 2000 requirements under the direction of the Mobile County Hazard Mitigation Planning Committee with the support of the Mobile County EMA, on behalf of all of the jurisdictions within Mobile County; and,

WHEREAS, said mitigation plan addresses all natural hazards deemed to threaten property and persons within the unincorporated and incorporated areas of Mobile County; and,

WHEREAS, the Federal planning criteria require formal adoption of the FEMA-approved plan update by each participating jurisdiction.

NOW THEREFORE, BE IT RESOLVED that the 2015 Mobile County Multi-Hazard Mitigation Plan is hereby adopted and immediately made effective.

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

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

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

ORDINANCES BEING INTRODUCED:

AMEND CHAPTER 63 OF THE CITY CODE PERTAINING TO TOWING OF VEHICLES FROM CITY STREETS. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, November 8, 2016.

ORDINANCE: 63-058-2016

Sponsored by: Councilmember Manzie

AN ORDINANCE TO REGULATE THE TOWING OF VEHICLES FROM CITY STREETS

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

SECTION ONE. That Chapter 63, Article I, of the Mobile City Code is hereby amended to add the following as section 63-14:

(a). No person, wrecker company, agent or employee of a wrecker company, or wrecker operator, shall tow or caused to be towed a vehicle parked or left on a city street without either (1) the prior consent or authorization of the owner or operator of the vehicle to be towed, (2) there having been first issued a ticket or citation for violation of any municipal traffic or parking law or ordinance by a city police officer and authorization from a city police officer for the vehicle to be towed to the city impound lot, or (3) by order of a city police officer, fire department incident commander, or municipal enforcement officer when authorized under Chapter 61 of the City Code or when necessary for the public health, safety, welfare, or order.

(b). Vehicles towed from city streets by authorization from a city police officer after issuance of a ticket or citation, or by order of a city police officer, fire department emergency incident commander, or municipal enforcement officer when necessary for public health, safety, welfare, or order, shall be towed to the city impound lot.

(c). Any person, wrecker company, agent or employee of a wrecker company, or wrecker operator, found guilty of violating this section shall be subject to being punished as prescribed in Chapter 1, Article II, Division 2, City Code of the City of Mobile, Alabama (1991), with a fine not to exceed $500.00 plus court costs, or by community service for a period not exceeding six (6) months, or by both fine and community service at the discretion of the municipal judge.

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

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

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

REZONE PROPERTY AT 3490 HURRICANE BAY ROAD (NORTHEAST CORNER OF HURRICANE BAY ROAD AND HURRICANE BAY LANE) FROM B-5 TO I-1 (DISTRICT 4). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, November 8, 2016.

ORDINANCE: 64-059-2016

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

LOT 3 HURRICANE BAY SUBDIVISION AS RECORDED IN MAP BOOK 71 PAGE 16, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA The classification of said property is hereby changed from B-5, Office-Distribution District, to 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 I-1, Light Industry District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a I-1, Light Industry District, until all of the conditions set forth below have been complied with: 1) compliance with Engineering comments: "1. Any work performed in the existing ROW (right-of-way) such as driveways, sidewalks, utility connections, grading, drainage, irrigation, or landscaping will require a ROW permit from the City of Mobile Engineering Department (208-6070) and must comply with the City of Mobile Right-of-Way Construction and Administration Ordinance (Mobile City Code, Chapter 57, Article VIII). 2. A Land Disturbance Permit application shall be submitted for any proposed land disturbing activity with the property. A complete set of construction plans including, but not limited to, drainage, utilities, grading, storm water detention systems, paving, and all above ground structures, will need to be included with the Land Disturbance permit. This Permit must be submitted, approved, and issued prior to beginning any of the construction work. 3. Any and all proposed land disturbing activity within the property will need to be submitted for review and be in conformance with Mobile City Code, Chapter 17, Storm Water Management and Flood Control); the City of Mobile, Alabama Flood Plain Management Plan (1984); and, the Rules For Erosion and Sedimentation Control and Storm Water Runoff Control. 4. The approval of all applicable federal, state, and local agencies (including all storm water runoff, wetland and floodplain requirements) will be required prior to the issuance of a Land Disturbance permit. The Owner/Developer is responsible for acquiring all of the necessary permits and approvals. 5. The proposed development must comply with all Engineering Department design requirements and Policy Letters."; 2) compliance with Urban Forestry comments: "Property to be developed in compliance with state and local laws that pertain to tree preservation and protection on both city and private properties (State Act 2015-116 and City Code Chapters 57 and 64).";and 3) compliance with Fire comments: "All projects within the City Limits of Mobile shall comply with the requirements of the City of Mobile Fire Code Ordinance. (2012 International Fire Code). Projects outside the City Limits of Mobile, yet within the Planning Commission Jurisdiction fall under the State or County Fire Code. (2012 IFC).";

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

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

Councilmember Richardson moved for the suspension of the rules to consider Consent Resolutions 03-692 – 60-698 being introduced for the first time. 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.

CONSENT RESOLUTIONS BEING INTRODUCED:

APPOINT ARIANNA E. MCARTHUR TO THE MOBILE CIVIC CENTER ADVISORY BOARD. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 03-692-2016

Sponsored by: Councilmember Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Arianna E. McArthur is appointed to the Mobile Civic Center Advisory Board effective immediately for a term ending November 15, 2018.

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

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

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

APPOINT CASI CALLAWAY TO THE KEEP MOBILE BEAUTIFUL COMMISSION. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 03-693-2016

Sponsored by: Councilmember Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Casi Callaway is appointed to fill an un-expired term to the Keep Mobile Beautiful Commission effective immediately for a term ending November 30, 2017.

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PRMISES ONLY) LICENSE FOR CHEVRON HIGHWAY 90 WEST, 5575 U. S. HIGHWAY 90 WEST. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-694-2016

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: Retail Beer/Table Wine (Off Premises Only) License

Submitted by: Vdhan, LLC

Location: Chevron Highway 90 West
5575 U. S. Highway 90 West
Theodore, AL 36582

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR DIAMOND’S CONVENIENCE STORE, 1318 CONGRESS STREET. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-695-2016

Sponsored by: Councilmember Manzie

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: Retail Beer/Table Wine (Off Premises Only) License

Submitted by: Arnita Diamond

Location: Diamond's Convenience Store
1318 Congress Street
Mobile, AL 36603

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR GRIMALDI’S PIZZERIA, 3299 BEL AIR BOULEVARD, SUITE B1. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-696-2016

Sponsored by: Councilmember Daves

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: Bel Air Pizzeria, LLC

Location: Grimaldi's Pizzeria
3299 Bel Air Boulevard, Suite B1
Mobile, AL 36606

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

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

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

RENAME FILLINGIM STREET FROM STANTON ROAD TO MOBILE STREET, TO “USA MEDICAL CENTER DRIVE.” The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 46-697-2016

Sponsored by: Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the name of Fillingim Street from Stanton Road to Mobile Street be changed to "USA Medical Center Drive."

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

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

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

SUPPORT PROPOSED SPECIAL COUNTY ELECTION, PAY-AS-YOU-GO ROAD, BRIDGE AND DRAINAGE FACILITIES BONDS. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 60-698-2016

Sponsored by: Councilmember Gregory

RESOLUTION IN SUPPORT OF MOBILE COUNTY PAY-AS-YOU-GO PROGRAM

WHEREAS, the Mobile County Commission Pay-As-You-Go program proposes an investment of more than $48 million in county funds to address critical road projects in the County including the widening of existing roads and resurfacing of streets; and,

WHEREAS, the Mobile City Council supports the County’s Pay-As-You-Go program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mobile does hereby urge all registered voters to vote in favor of the Mobile County Pay-As-You-Go Road Program Referendum on November 8, 2016.

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

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

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

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH SUNSET CONTRACTING, INC. FOR BURMA HILLS DRIVE DRAINAGE IMPROVEMENTS (JAPONICA OUTFALL), $98,671.06 (PROJECT #2016-3005-24; CO210; 2017 CIP; D4; #19). The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 8, 2016.

RESOLUTION: 21-705-2016

Sponsored by: Councilmember Williams 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: Sunset Contracting, Inc.

Project name: Burma Hills Drive Drainage Improvements (Japonica Outfall)

Project no.: 2016-3005-24

Estimated cost: $98,671.06

RESOLUTION BEING INTRODUCED:

AUTHORIZE CONTRACT WITH COMFORT SYSTEMS USA (SOUTHEAST), INC. FOR GULF COAST EXPLOREUM-BOILER REPLACEMENT, $67,500.00 (PROJECT #EX-244-16; CO018). The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 8, 2016.

RESOLUTION: 21-699-2016

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: Comfort Systems USA (Southeast), Inc.

Project name: Gulf Coast Exploreum - Boiler Replacement

Project number: EX-244-16

Amount: $67,500.00

AUTHORIZE CONTRACT WITH ELITE POWER WASHING, LLC FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS-EXTERIOR SOFT WASH, $20,900.00 (PROJECT #CT-017-16; CO259). The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 8, 2016.

RESOLUTION: 21-700-2016

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: Elite Power Washing, LLC

Project name: City of Mobile, Alabama Cruise Terminal Improvements Exterior Soft Wash

Project number: CT-017-16

Amount: $20,900.00

AUTHORIZE MOBILE FIRE-RESCUE TO APPLY TO THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FOR FUNDING TO PURCHASE BASIC FIREFIGHTING EQUIPMENT, $2,000,000.00 ($200,000.00 LOCAL MATCH). The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 8, 2016.

RESOLUTION: 31-701-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that The Mayor is hereby authorized to file a grant through the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) in the amount of $2,000,000.00 under the FY 2016 Assistance to Firefighters Grants Program to be used for the Mobile Fire-Rescue Department.

BE IT FURTHER RESOLVED that the Mobile City Council commits to provide 10% matching funds if said grant is awarded.

AMEND EXISTING LEASE AGREEMENT AND MEMORANDUM OF LEASE WITH CELLULAR SOUTH TO CHANGE LOCATION DESCRIPTION (LEASE DATED OCTOBER 29, 2013). The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 8, 2016.

RESOLUTION: 35-702-2016

Sponsored by: 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, an Amendment to Lease Agreement and Memorandum of Lease. A copy of which is attached hereto and made a part hereof as though fully set forth herein.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO CONSIDER THE APPLICATION OF GULF COAST DUCKS, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 41-703-2016

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

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

Notice is hereby given that the City Council of Mobile, Alabama, proposes to consider the application of Gulf Coast Ducks, LLC for a Certificate of Public Convenience and Necessity to operate a tour service in the City of Mobile. The adoption of such Certificate will be considered by the City Council in the Auditorium of the Mobile Government Plaza located at 205 Government Street, Mobile, Alabama, on Tuesday, the 15th day of November, 2016, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to or in favor of the proposed resolution.

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

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

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

CALL FOR PUBLIC HEARING TO CONSIDER THE APPLICATION OF JAMES SZESZYCKI D/B/A CONCORD SHORE SERVICES FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A SHUTTLE SERVICE. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 41-704-2016

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

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

Notice is hereby given that the City Council of Mobile, Alabama, proposes to consider the application of James Szeszycki d/b/a Concord Shore Services for a Certificate of Public Convenience and Necessity to operate a shuttle service in the City of Mobile. The adoption of such Certificate will be considered by the City Council in the Auditorium of the Mobile Government Plaza located at 205 Government Street, Mobile, Alabama, on Tuesday, the 15th day of November, 2016, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to or in favor of the proposed resolution.

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

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

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

ANNOUNCEMENTS:

Councilmember Gregory expressed her apologies for the cancellation of tonight’s off-site meeting and advised a new meeting date will be scheduled as soon as possible.

Councilmember Manzie articulated his apologies to residents for the cancellation of tonight’s meeting.

Councilmember Manzie stated he will be at the Harmon Recreation Center tonight to personally inform anyone that arrives of the cancellation.

The Presiding Officer recessed the regular meeting at approximately 12:24 p.m.

Approved: November 8, 2016

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK




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