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 22, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, NOVEMBER 22, 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 22, 2016, at 9:00 a.m.

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

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

_______________________________
ASSISTANT CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, NOVEMBER 22, 2016

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

The meeting was called to order by Assistant City Clerk Mary Ann Merchant.

Pastor James Hunter, Life Change Ministry, 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 November 15, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson was not present at the meeting; therefore, there were no communications from the Mayor today.

MONTHLY FINANCE REPORT:

Executive Director of Finance Paul Wesch stated:

“Good morning. The 2016 fiscal year is in the books and while it’s subject to audit and the usual year-end adjustments, we can draw some conclusions. Revenues are down. Most of that is due to a decrease in sales tax revenue. We are about 1.4% up from 2015, but that is not what we had projected. That is really in line with Mobile County, which is also experiencing a lower than anticipated rise in revenue. It is lower than what the State is seeing. They are up about 1.4% in 2016. So how do we deal with this? We have to watch our expenses and I think the City has done a good job with that.”

“Total department expenditures are down about $9.8 million against the budget or about a 5% decrease in expenditures. When the transfers and others expenditure items are put in we are actually about $12 million under budget. When we combine that with the decrease in revenue we are still looking at having had a good year.”

“It’s a little troubling that revenues have been as tepid as they have been and we will continue to watch that. There’s probably a number of reasons why that’s the case. If you look at the total employment in Mobile County today versus 2007, which was just before the great recession, we are down about 8,000 jobs. That’s against an increase in population county wide.”

“We do have a hangover from the recession. Most of those job losses are in manufacturing and construction. A lot of the recession was brought on by a large fall in commercial and residential construction projects. That has not yet cured itself although it has come back some. Manufacturing is a little bit more of a concern. While during that time frame we have seen an increase in manufacturing jobs at Austal and now Air Bus, overall manufacturing jobs are down. So while we haven’t had plant closings, we have had a decrease in employment in some of our manufacturing concerns. I’d be happy to answer any questions.”

Councilmember Williams:

“The recent voluntary filing of taxes by major online retailers, how is that projected to impact Mobile or is that simply State revenue?”

Mr. Wesch:

“That is actually a very good question and a little troubling. If you look at Mobile’s sales taxes, 4% of the taxes go to the State, 5% to the City and 1% to the County. Under the tax act that you have referenced Mr. Williams, the State will take voluntary payments of 8%. Unfortunately, the State still gets 4%, 2% will go to Cities and 2% will go to Counties, both according to population. My opinion is that the League of Municipalities was asleep at the switch. We got rolled on that one. As time goes by those voluntary tax payments are probably going to be an increasing percentage of tax payments made. Especially when the large national retailers see that Congress is probably going to subject them to sales tax. If they make these voluntary payments they will have a 2% advantage over those that paid the normal sales tax at the local level. Ultimately as online sales become an increasing percentage of business done we will see a disadvantage.”

Councilmember Rich:

“We had spoken because I thought we were going to find some kind of bonanza on that 8% and you informed me that cities don’t do as well. Is there a possibility that could be looked at later? How was the language created who got what out of that bill?”

Mr. Wesch:

“That was a state-wide act. So with the strength of the State and the Association of County Commissions it is unlikely that will change.”

Councilmember Rich:

“In the past we had a very active Citizens Budget and Finance Committee. Do you see any value in having them meet again with your office?”

Mr. Wesch:

“Absolutely. I think you all have made appointments to that committee. There are new members, but have not to my knowledge met. We certainly will support their efforts. I think it may take some communication from the Councilmembers to your appointees to get them to have an organizational meeting. We will of course attend.”

Councilmember Daves:

“You said the revenues were up 1.4% year over year. What is that in dollars?”

Mr. Wesch:

“That would be in the $3 million range.”

Councilmember Daves:

“In light of how you think the year has actually turned out how do you feel about your revenue projections for 2017?”

Mr. Wesch:

“A little unsteady, we’re unsure at this point. We did not put a large revenue increase projection into the budget because as we submitted the budget to you and you approved it, I think we saw the revenues were up in the sub 2% range and that’s where we put the projects. I think as we have discussed in the past, we bounced back in 2014 and 2015 stronger than the State did and then we saw a little pause. I don’t know how long that pause will be, but I don’t think we would be serving the citizens if we were too optimistic.”

ADOPTION OF THE AGENDA:

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

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

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

APPEALS:

The Council considered the request of Shirley Edwards for a waiver of the Noise Ordinance at 1200 Alba Street on December 10, 2016, from 10:00 a.m. – 4:00 p.m. (District 3).

Councilmember Gregory moved that the waiver be granted which motion 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 1305 AND 1307 SPRING HILL AVENUE (SOUTH SIDE OF SPRING HILL AVENUE, 90 ± WEST OF NORTH ANN STREET) FROM B-3 AND R-1 TO B-3 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 1305 and 1307 Spring Hill Avenue and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO REZONE PROPERTY AT 2320 DAUPHIN ISLAND PARKWAY (SOUTHWEST CORNER OF DAUPHIN ISLAND PARKWAY AND WILLOWDALE STREET) FROM R-1 AND R-3 TO R-3 (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 2320 Dauphin Island Parkway and asked if there was anyone present to speak for or against this matter.

No one appeared.

The Presiding Officer declared the hearing closed 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:

Velma Dale Jackson, 1552 Jay Drive, addressed the Council regarding the Police Citizens’ Community Relations Advisory Council and youth violent crime.

Arthur Clevenger, 5701 Regency Court, South, voiced his concerns regarding the tourism industry in the Mobile.

Ronald Hunt, 1351 Sandra Drive, spoke regarding the future of the Visitors’ Center.

Ross Peterson, 1911 Oak Knoll Drive, voiced his concerns regarding the tourism industry in Mobile.

AIDS Alabama South Executive Director Lanita Kharel ,2054 Dauphin Street, highlighted community information regarding HIV/AIDS in honor of December 1, 2016 being World Aids Day.

RESOLUTIONS HELD OVER:

AUTHORIZE CONTRACT WITH CONSTANTINE ENGINEERING, INC. FOR PROGRAM MANAGEMENT SERVICES-2017 CAPITAL IMPROVEMENT PROJECTS-VARIOUS CITY OF MOBILE FACILITY LOCATIONS, $288,519.00 (PM-002-17; 2017 CIP; D1, 2, 3, 4, 5, 6, & 7.) The following resolution which was introduced and read at the regular meeting of Tuesday, November 15, 2016 and held over until the regular meeting of November 22, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-738-2016

Sponsored by: City Council & 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: Constantine Engineering, Inc.

Project name: Program Management Services - 2017 Capital Improvement Projects - Various City of Mobile Facility Locations

Project number: PM-002-17


Amount: $288,519.00 (2017 CIP - Various Projects / Various Districts)

The resolution was read by the Assistant City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE RIGHTS-OF-WAY USE AGREEMENT WITH SPRINT COMMUNICATIONS COMPANY, L. P. TO ALLOW INSTALLATION OF FIBER OPTIC CABLE AND RELATED FACILITIES. The following resolution which was introduced and read at the regular meeting of Tuesday, November 15, 2016 and held over until the regular meeting of November 22, 2016 was called up by the Presiding Officer.

RESOLUTION: 01-739-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the Assistant 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 Rights-of-Way Use Agreement for Sprint Communications Company, L.P. to provide for the use of the City's rights-of-way for the purpose of installing a fiber optic cable and related facilities therein. A copy is on file in the office of the City Clerk.

The resolution was read by the Assistant City Clerk; whereupon Councilmember Rich moved that the resolution be held over for three (3) weeks until the regular meeting of Tuesday, December 13, 2016, which 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution held over.

AUTHORIZE ADMINISTRATIVE SERVICES CONTRACT WITH BLUE CROSS AND BLUE SHIELD OF ALABAMA FOR THE CITY OF MOBILE HEALTH AND DENTAL PLAN. The following resolution which was introduced and read at the regular meeting of Tuesday, November 15, 2016 and held over until the regular meeting of November 22, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-740-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the Assistant City Clerk be authorized to execute and attest, respectively, for and on behalf of the City of Mobile, a contract by and between the City of Mobile and Blue Cross and Blue Shield of Alabama for Administrative Services for the purposes stating the fees for third party administration of the City of Mobile Health and Dental Plan as outlined in the Enrollment Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Enrollment Agreement is on file in the office of the City Clerk.

The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH DELTA FLOORING, INC. FOR GOVERNMENT PLAZA-PAINT AND RE-CARPET BRIEFING ROOM, $8,900.00 (GP-265-16; E0017; D2.) The following resolution which was introduced and read at the regular meeting of Tuesday, November 15, 2016 and held over until the regular meeting of November 22, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-741-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the Assistant 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: Delta Flooring, Inc.

Project name: Government Plaza - Paint and Re-Carpet Briefing Room

Project number: GP-265-16

Amount: $8,900.00

The resolution was read by the Assistant City Clerk; whereupon Councilmember Richardson 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH SIMPLEX GRINNELL FOR FIRE EXTINGUISHER MAINTENANCE & SERVICE-VARIOUS CITY OF MOBILE LOCATIONS, $25,500.00 (THREE-YEAR CONTRACT) (SC-003-17; #10043032; D1, 2, 3, 4, 5, 6 & 7.) The following resolution which was introduced and read at the regular meeting of Tuesday, November 15, 2016 and held over until the regular meeting of November 22, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-742-2016

Sponsored by: City Council and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the Assistant 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: Simplex Grinnell

Project name: Fire Extinguisher Maintenance & Service
Various City of Mobile Locations

Project number: SC-003-17

Amount: $8,500.00 (1st year Maintenance & Service)
$8,500.00 (2nd year Maintenance & Service)
$8,500.00 (3rd year Maintenance & Service)
$25,500.00 3 Year Contract

The resolution was read by the Assistant City Clerk; whereupon Councilmember Rich 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

APPROVE 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 which was introduced and read at the regular meeting of Tuesday, November 15, 2016 and held over until the regular meeting of November 22, 2016 was called up by the Presiding Officer.

RESOLUTION: 37-743-2016

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of James Szeszycki d/b/a Concord Shore Services for a Certificate of Public Convenience and Necessity for a shuttle service is hereby approved. A copy of said application is on file in the office of the City Clerk.

The resolution was read by the Assistant City Clerk; whereupon Councilmember Daves moved that the resolution be held over for one (1) week until the regular meeting of Tuesday, November 29, 2016, which was seconded by Councilmember Rich, and the vote was as follows:

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

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

APPROVE THE APPLICATION OF GULF COAST DUCKS, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A TOUR SERVICE. The following resolution which was introduced and read at the regular meeting of Tuesday, November 15, 2016 and held over until the regular meeting of November 22, 2016 was called up by the Presiding Officer.

RESOLUTION: 37-744-2016

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of Gulf Coast Ducks, LLC for a Certificate of Public Convenience and Necessity for a tour service is hereby approved. A copy of said application is on file in the office of the City Clerk.

The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR CLASS II (PACKAGE STORE) LICENSE FOR FIRST STOP PACKAGE STORE, 1275 SPRINGHILL AVENUE, SUITE C. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-745-2016

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: Lounge Retail Liquor Class II (Package Store) License

Submitted by: Sai Darshan, LLC

Location: First Stop Package Store
1275 Springhill Avenue, Suite C
Mobile, AL 36604

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

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

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

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 1305 AND 1307 SPRING HILL AVENUE (SOUTH SIDE OF SPRING HILL AVENUE, 90 ± WEST OF NORTH ANN STREET) FROM B-3 AND R-1 TO B-3 (DISTRICT 2). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, November 29, 2016.

ORDINANCE: 64-063-2016

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:

COMMENCING AT A POINT ON THE SOUTH SIDE OF SPRING HILL AVENUE A DISTANCE OF 164 FEET WEST OF THE WEST LINE OF ANN STREET, THENCE RUNNING SOUTHWARDLY AND PARALLEL WITH ANN STREET 442 FEET TO A POINT THENCE WESTWARDLY AND PERPENDICULARLY TO ANN STREET 53 FEET TO A POINT THENCE NORTHWARDLY AND PARALLEL OR NEARLY SO WITH ANN STREET 421 FEET TO A POINT ON THE SOUTH SIDE OF SPRING HILL AVENUE, THENCE EASTWARDLY ALONG THE SOUTH SIDE OF SPRING HILL AVENUE 140 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH LOT 1, BLANKENSHIP SUBDIVISION AS RECORDED IN MAP BOOK 90, PAGE 46, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA.

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

REZONE PROPERTY AT 2320 DAUPHIN ISLAND PARKWAY (SOUTHWEST CORNER OF DAUPHIN ISLAND PARKWAY AND WILLOWDALE STREET) FROM R-1 AND R-3 TO R-3 (DISTRICT 3). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, November 29, 2016.

ORDINANCE: 64-064-2016

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:

BEGINNING AT THE SOUTHEAST CORNER OF LOT 36, WILLOW RUN PARK SUBDIVISION, AS RECORDED IN MAP BOOK 5, PAGE 346, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA, RUN NORTHWARDLY AND EASTWARDLY ALONG THE ARC OF A 437.90 FEET RADIUS CURVE CONCAVE SOUTHEASTWARDLY AND ALONG THE WEST RIGHT-OF-WAY LINE OF WILLOWDALE STREET (50 FOOT RIGHT-OF-WAY) (CHORD BEARS NORTH 22°-22'-47" EAST, 184.33 FEET), A DISTANCE OF 185.72 FEET; THENCE NORTHWARDLY AND WESTWARDLY, ALONG THE ARC OF A 2924.79 FEET RADIUS CURVE CONCAVE NORTHEASTWARDLY AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF DAUPHIN ISLAND PARKWAY (120 FEET RIGHT-OF-WAY) (CHORD BEARS NORTH 54°54'39" WEST, 117.19 FEET), A DISTANCE OF 117.2 FEET; THENCE ALONG THE WESTERN BOUNDARY OF PROPERTY CONVEYED BY INSTRUMENT RECORDED IN REAL PROPERTY 414, PAGE 316, SAID PROBATE RECORDS, AS FOLLOWS; SOUTH 49°-06'-46" WEST, 201.00 FEET; SOUTH 19°-01'09" WEST, 73.8 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE OF SAID LOT 36; THENCE SOUTH 79°46'14" EAST, ALONG SAID SOUTH LINE, 205.00 FEET TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY CONVEYED BY INSTRUMENT RECORDED IN REAL PROPERTY BOOK 414, PAGE 316, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA

The classification of said property is hereby changed from R-1, Single-Family Residential District, and 14-3, Multiple-Family District to, 14-3, Multiple-Family 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 R-3, Multiple-Family 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 R-3, Multiple-Family District, until all of the conditions set forth below have been complied with: 1) Completion of the Subdivision process; 2) Full compliance with all municipal codes and ordinances; and 3) Provision of a 6' privacy fence along the South and West property lines as agreed by the applicant.

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 37-746 – 60-753 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:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR-CLASS I LICENSE FOR THE ZOU, 3211 SPRING HILL AVENUE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 37-746-2016

Sponsored by: Councilmember Richardson

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: Lounge Retail Liquor-Class I License

Submitted by: Gilberry Properties, LLC

Location: The Zou
3211 Spring Hill Avenue
Mobile, AL 36607

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

Sharon Gilberry Williams, 35860 Bay Minette, Alabama, approached the Council at the request of Councilmember Richardson to answer questions regarding the application.

and the vote was as follows:

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR ROOSTER’S, 211 DAUPHIN STREET. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-747-2016

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: Restaurant Retail Liquor License

Submitted by Little Rooster, LLC

Location: Rooster's
211 Dauphin Street
Mobile, AL 36602

The resolution was read by the Assistant City Clerk; whereupon Councilmember Gregory 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution held over.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR EL MARIACHI MEXICAN RESTAURANT, 763 HOLCOMBE AVENUE. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-748-2016

Sponsored by: Councilmember Small

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: Los Hermanos Investment, LLD

Location: El Mariachi Mexican Restaurant
763 Holcombe Avenue
Mobile, AL 36606

The resolution was read by the Assistant City Clerk; whereupon Councilmember Gregory 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution held over.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR P. F. CHANG’S CHINA BISTRO, 3201 AIRPORT BOULEVARD, A-10. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-749-2016

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: P F Chang's China Bistro, Inc.

Location: P F Chang's China Bistro
3201 Airport Boulevard, A-10
Mobile, AL 36606

The resolution was read by the Assistant City Clerk; whereupon Councilmember Gregory 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution held over.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR BJ’S RESTAURANT AND BREWHOUSE, 3748 AIRPORT BOULEVARD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-750-2016

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: BJ's Restaurant Operations Company, Inc.

Location: BJ's Restaurant and Brewhouse
3748 Airport Boulevard
Mobile, AL 36608

The resolution was read by the Assistant City Clerk; whereupon Councilmember Gregory 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1532. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-751-2016

RESOLUTION ASSESSING THE COST OF REMOVAL OF NOXIOUS OR DANGEROUS WEEDS IN FRONT OF OR ON CERTAIN PARCELS OF LAND IN THE CITY OF MOBILE, ALABAMA

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group No. 1532 shall constitute special assessments against such respective parcels of land; and each Such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

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

The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1535. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-752-2016

RESOLUTION ASSESSING THE COST OF REMOVAL OF NOXIOUS OR DANGEROUS WEEDS IN FRONT OF OR ON CERTAIN PARCELS OF LAND IN THE CITY OF MOBILE, ALABAMA

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group No. 1535 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

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

The resolution was read by the Assistant 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

APPROVE AWARD OF SPECIAL BONUS TO MICHAEL JAMES AS PART OF THE MAYOR’S INCENTIVE PROGRAM, $500.00. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 60-753-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that upon nomination by City supervisors and recommendation of the Mayor through the City of Mobile's Employee Recognition Program, the City Council hereby authorizes, pursuant to Section 11-40-22, Code of Alabama 1975, awards of $500, or the designated amount, to each of the employees on the list attached hereto as Exhibit A.

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

James Michael Officer of the Month October 2016

The resolution was read by the Assistant City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RESOLUTIONS BEING INTRODUCED:

RE-ALLOCATE $1,662.26 FROM THE GENERAL FUND 1000, DISTRICT 2 DISCRETIONARY FUND DSC-02 TO THE CAPITAL IMPROVEMENT FUND 2000, CAPITAL PROJECT E0043, TRAFFIC ENGINEERING STREET TRAFFIC IMPROVEMENTS; AND $5,000.00 FROM GENERAL FUND COST CENTER 1020, COUNCIL DISCRETIONARY FUND EXP. DSC-04, TO GENERAL COST CENTER 4510, MOBILE FILM OFFICE. The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 29, 2016.

RESOLUTION: 09-754-2016

Sponsored by: Councilmembers Manzie and Williams and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the following transfers be made from the General Fund (Fund 1000) to the Capital Improvements Fund (Fund 2000) and within the General Fund (1000) between Cost Centers 1020, Council Discretionary Funds Expense, and 4510, Mobile Film Office:

Transfer $1,662.26 from the General Fund District Two Discretionary Account DSC-02 to the Capital Improvements Fund, Capital Project E0043, Traffic Engineering - Street Traffic Improvements to be used to pay half of the fees to produce new Street East Historic District signs.

Transfer $5,000.00 from the General Fund District Four Discretionary Account DSC-04 to the General Fund Account, Mobile Film Office, 1004-4510, to be used for the premier of the movie, USS Indianapolis, Men of Courage.

AUTHORIZE PROFESSIONAL SERVICE CONTRACT WITH HERON VALUATION GROUP, LLC, TO PROVIDE APPRAISALS FOR THE ACQUISITION OF LAND AND REAL PROPERTY, $40,000.00 (NFWF GEBF MOBILE BAYSHORE) AND $20,000.00 (TIGER 2016.) The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 29, 2016.

RESOLUTION: 21-755-2016

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, a contract by and between the City of Mobile and Heron Valuation Group, LLC for work as outlined in the Professional Service Contract attached hereto and made a part hereof as though set forth in full. A copy is on file in the office of the City Clerk.

AUTHORIZE CONTRACT WITH SIMPLEX GRINNELL, LLC FOR VENT HOOD CLEANING-VARIOUS CITY OF MOBILE LOCATIONS, $13,358.00 (SC-012-17; GL NO. 10043037-42140.) The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 29, 2016.

RESOLUTION: 21-756-2016

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, 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: Simplex Grinnell LLC

Project Name: Vent Hood Cleaning Various City of Mobile Locations

Project Number: SC-012-17

Amount: $13.358.00

ANNOUNCEMENTS:

Assistant City Clerk Mary Ann Merchant announced the Tuesday, November 29, 2016 City Council meeting will be held at Harmon Recreation Center at 6:00 p.m.

Councilmember Gregory reported a large turnout for the district seven community meeting held at Friendship Missionary Baptist Church last night and thanked all members of the Administration that attended.

Councilmember Gregory indicated the district seven Christmas party will take place Tuesday, December 6, 2016, at the Mobile Museum of Art, 6:00 p.m.

Councilmember Gregory stated the December 20th City Council meeting will be held at Old City Hall, 10:30 a.m.

Councilmember Gregory noted there will be no City Council meeting on Tuesday, December 27, 2016.

Councilmember Rich mentioned there will be a breakfast for staff, volunteers and guests at the Connie Hudson Mobile Regional Senior Community Center on Wednesday, December 21, 2016 at 9:00 a.m.

Councilmember Small voiced his appreciation for the 2016 CIP projects that took place in district three and looks forward to the 2017 CIP projects.

Councilmember Small extended an invitation to the district three 2nd Annual Christmas Parade, Saturday, December 10, 2016, beginning at B. C. Rain High School, from 10:00 a.m. until 2:00 p.m. The parade will raise funds for the McKemie Place women’s shelter.

Councilmember Small advised the district three Christmas party will be held Tuesday, December 13, 2016, Pillans Middle School, 6:00 p.m.

Councilmember Williams expressed his condolences for those affected by the bus crash in Chattanooga, Tennessee.

Councilmember Richardson recounted the success of his and Councilmember Manzie’s recent trip to the League of Cities Summit held in Pittsburgh, Pennsylvania.

Councilmember Richardson informed everyone that a ceremony to re-name a portion of Mobile Street to USA Medical Center Drive will take place Thursday, December 8, 2016, at 2:00 p.m.

Councilmember Richardson mentioned all district one street captains will be honored at the district Christmas party on Thursday, December 15, 2016, New Shiloh Missionary Baptist Church at 6:00 p.m.

Councilmember Daves wished all a happy Thanksgiving.

Councilmember Manzie encouraged residents to attend the district two Christmas party which will be held on Wednesday, December 7, 2106 at the Via Health, Fitness and Enrichment Center at 6:00 p.m.

Councilmember Manzie said he spoke at the Thanksgiving luncheon at the Therapeutic Recreation Center yesterday.

Councilmember Gregory announced the Mobile made Air Bus A321 that will fly over the stadium during the Iron Bowl on Saturday.

The Presiding Officer recessed the regular meeting at approximately 12:08 p.m.

Approved: November 29, 2016

_____________________________
COUNCIL PRESIDENT


_____________________________
ASSISTANT CITY CLERK




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