Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


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The City Council meets every Tuesday


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

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


Council minutes for Dec 20, 2016

NOTE: A Pre-Council meeting was not held.

HISTORY MUSEUM OF MOBILE, MOBILE, ALABAMA, DECEMBER 20, 2016

The City Council of the City of Mobile, Alabama, met at the History Museum of Mobile, 111 South Royal Street, on Tuesday, December 20, 2016, at 11:30 a.m., in regular meeting.

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

NOTE: Council President Gregory explained that the City Council meets once a year in the old City Hall (currently the History Museum of Mobile) to maintain its status as one of the oldest city halls still used in the United States. She wished everyone a Merry Christmas and happy holidays.

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

Councilmember C. J. Small, Council District Three, 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:

History Museum of Mobile Director Ron Jamro welcomed the Council to the Museum.

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 December 13, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson reported he and the Councilmembers attended a briefing this morning by Airbus executives.

Mayor Stimpson conveyed the historic significance of the visit of President-Elect Donald J. Trump to Mobile this past Saturday.

Mayor Stimpson announced the White House has named the City of Mobile a TechHire Community. Mobile is only one of twenty communities across the United States to receive this prestigious designation.

Mayor Stimpson recounted a leash cutting ceremony in honor of the grand opening of the City of Mobile's dog park at Public Safety Memorial Park was held last Thursday.

Mayor Stimpson stated the City has four (4) new state of the art; environmentally conscious fire engines. Mayor Stimpson drove one of the new fire engines to Gilliard Elementary School on Wednesday morning as a Christmas surprise for the students.

Mayor Stimpson mentioned his office hosted a “Mingle and Jingle” for City employees. Everyone was invited to the Mayor’s office for cookies and cider.

Joaquin Holloway, 2206 DeKruif Court, gave the Council information about the model railroad set up at the Exploreum.

Councilmember Gregory noted that today’s meeting was not being recorded for viewing on television.

ADOPTION OF THE AGENDA:

Councilmember Rich moved for the adoption of the agenda, 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 agenda adopted.

APPEALS:

The Council considered the request of Jennifer Christ for a waiver of the Noise Ordinance at 1757 Government Street, The Pillars, on December 31, 2016, from 7:00 p.m. – 12:30 a.m. (District 2).

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

PUBLIC HEARINGS:

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 251 RYLANDS STREET AKA 257 RYLANDS LANE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 251 Rylands Street aka 257 Rylands Lane is a public nuisance 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 DETERMINE IF THE STRUCTURE AT 126 BUSH AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 126 Bush Avenue is a public nuisance 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 DETERMINE IF THE STRUCTURE AT 6850 CARY HAMILTON ROAD IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 4).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 6850 Cary Hamilton Road is a public nuisance 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 DETERMINE IF THE STRUCTURE AT 2550 GRANADA AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 4).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 2550 Granada Avenue is a public nuisance 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.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

None.

NON-AGENDA ITEMS:

Robert Martin, 5362 Raines Drive, presented the Council with a petition signed by residents opposing street barricades.

Councilmember Manzie presented a proclamation declaring Tuesday, December 20, 2016 as Mr. James Richardson day in Mobile in honor of Mr. Richardson’s service to youth.

Councilmember Richardson presented a proclamation declaring Tuesday, December 20, 2016 as Ashley Brown Grier day in Mobile in honor of Ms. Grier’s academic and professional accomplishments.

RESOLUTIONS HELD OVER:

AUTHORIZE RIGHTS-OF-WAY USE AGREEMENT WITH SPRING 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 held over again until the regular meeting of December 13, 2016, and held over once more until the regular meeting of December 20, 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 City Clerk; whereupon Councilmember Daves moved that the resolution be held over for two (2) weeks until the regular meeting of Tuesday, January 3, 2017, 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 City Clerk, whereupon the Presiding Officer declared the resolution held over.

AUTHORIZE CONTRACT WITH H. O. WEAVER & SONS, INC. FOR 2017 RESURFACING CITY WIDE CIP-ANNUAL REPAIR AND RENEWAL FUND, $2,997,328.90 (PROJECT #2017-3005-01; D1 #31; D2 #99; D3 #202; D4 #267; D5 #338; D6 #392; D7 #450; RSF17.) The following resolution which was introduced and read at the regular meeting of Tuesday, December 6, 2016, held over until the regular meeting of December 13, 2016 and held over again until the regular meeting of December 20, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-773-2016

Sponsored by: City Council and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as 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: H.O. Weaver & Sons, Inc.

Project name: 2017 CIP, 2017 Resurfacing City Wide CIP

Project #: 2017-3005-01
D1 #31, D2 #99, D3 #202, D4 #267, D5 #336,
D6 #394, D7 #450)

Estimated Cost: $2,997,328.90

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.

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 25-802 – 58-815 being introduced for the first time. The motion was seconded by Councilmember Gregory, 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:

ACCEPT TWO CONSTRUCTION EASEMENTS FOR THE BURMA HILLS DRIVE DRAINAGE IMPROVEMENTS, PROJECT # 2016-202-(A). The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 25-802-2016

Sponsored by: Councilmember Williams and Mayor Stimpson

BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the City hereby accepts the following, 2 Construction Easement as needed for the Burma Hills Drive Drainage Improvements Project # 2016-202-(A).

1. Construction Easement from Andrew and Chrystal Lewis.
2. Construction Easement from George and Angela Forward

SAID documents being attached hereto and made a part hereof as fully as if set
forth herein.

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

ACCEPT SEVENTEEN CONSTRUCTION EASEMENTS AND ONE RIGHT OF ENTRY PERMIT FOR 2016 MISCELLANEOUS STORM DRAINAGE IMPROVEMENTS AND REPAIRS, GROUP B. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 25-803-2016

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

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the City hereby accepts the following 17 Construction Easements and 1 Right-of-Entry as needed for the 2016 Miscellaneous Storm Drainage Improvements and Repairs Group B.

1. Construction Easement from Margaret M. Rogers.
2. Construction Easement from Christopher & Tiffany Eldridge.
3. Construction Easement from Ethel L. Longmire.
4. Construction Easement from Debra D. Baker.
5. Construction Easement from Marion & Teresa Wafters.
6. Construction Easement from John & Kate Killion.
7. Construction Easement from Charles E. & Rebecca B. Dickens.
8. Construction Easement from Springhill College.
9. Construction Easement from Robert Bradford & Anna Bender Israel.
10. Construction Easement from T. Forress and Louise Y. Rayford.
11. Construction Easement from John Wayne and Nancy L. Polk.
12. Construction Easement from George T. and Geraldine Y. Lambert.
13. Construction Easement from William Miles.
14. Construction Easement from Patricia Sawyer Coggin.
15. Construction Easement from William D. Baltz and Jeannine Baltz. Trustees of the Baltz Living Trust.
16. Construction Easement from Donnie Stewart.
17. Construction Easement from John Gilbert Avent Jr. & Sarah C. Avent
18. Right-of- Entry Permit from Springhill College.

SAID documents being attached hereto and made a part hereof as fully as if set forth herein.

The resolution was read by the 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 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 BRICK AND SPOON, 2662-A AIRPORT BOULEVARD. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 37-804-2016

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: Eaton Group, LLC

Location: Brick and Spoon
3662-A Airport Boulevard
Mobile, AL 36608

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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR CLASS II (PACKAGE STORE) LICENSE FOR A ONE RAINBOW PACKAGE STORE, 3698 AIRPORT BOULEVARD, SUITE A. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 37-805-2016

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: Lounge Retail Liquor Class II (Package Store) License

Submitted by: Akshar Sai Corporation

Location: A One Rainbow Package Store
3698 Airport Boulevard, Suite A
Mobile. AL 36608

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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR ISLAND WING COMPANY, 2617 DAUPHIN STREET. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 37-806-2016

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: Restaurant Retail Liquor License

Submitted by: Mobile IWC, LLC

Location: Island Wing Company
2617 Dauphin Street
Mobile, AL 36606

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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR PETRO SAVE, 3464 SPRINGHILL AVENUE. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 37-807-2016

Sponsored by: Councilmember Gregory

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: Persia Group, Inc.

Location: Petro Save
3464 Springhill Avenue
Mobile, AL 36608

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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR BUCK’S PIZZA, 350 DAUPHIN STREET. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 37-808-2016

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: Double A, LLC

Location: Buck's Pizza
350 Dauphin Street
Mobile, AL 36602

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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR DIP MARKET, 3804 DAUPHIN ISLAND PARKWAY. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 37-809-2016

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

Submitted by: Vo Oil Company, LLC

Location: DIP Market
3804 Dauphin Island Parkway
Mobile, AL 36605

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.

DECLARE THE STRUCTURE AT 251 RYLANDS STREET AKA 257 RYLANDS LANE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-810-2016

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 251 Rylands Street aka 257 Rylands Lane has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 251 Rylands Street aka 257 Rylands Lane described as:

BEG AT NW COR OF CONGRESS & RYLANDS STS RUN THEN NLY ALG W/L OF RYLANDS ST 179.3 FT(D) 191 FT(S) TO PT THEN WLY AT RT ANGS WITH RYLANDS ST 157.81 FT TO PT THEN SLY & PAR WITH RYLANDS ST 40 FT

Parcel #: 02-29-07-258-00-05-015

Last assessed to: Bruce L. Aune
P. O. Box 1431
Mobile, AL 36633

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which 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 resolution adopted.

DECLARE THE STRUCTURE AT 126 BUSH AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-811-2016

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 126 Bush Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 126 Bush Avenue described as:

COM AT PT ON E/S OF BUSH AVE 249 FT S OF SE COR OF BUSH AVE & SPRING HILL AVE RUN TH SLY ON E/S OF BUSH AVE 50 FT TH ELY & NEARLY PAR WITH SPRING HILL AVE 120 FT M/L TO PT TH NLY 50

Parcel #: 02-29-06-40-00-07-299

Last assessed to: Bradley Investments, Inc.
126 Bush Avenue
Mobile, AL 36606

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which 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 resolution adopted.

DECLARE THE STRUCTURE AT 6850 CARY HAMILTON ROAD A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 4). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-812-2016

Sponsored by: Councilmember Williams

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 6850 Cary Hamilton Road has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 6850 Cary Hamilton Road described as:

LOT 3 THAMES ADDITION TO THEODORE MBK 61 PG 56 #SEC 03 T6S R2W #MP38 02 03 3 000

Parcel #: 02-38-02-03-30-00-025.003

Last assessed to: Gerald Leon Baggett, Jr.
6850 Cary Hamilton Road
Theodore, AL 36582

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which 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 resolution adopted.

DECLARE THE STRUCUTRE AT 2550 GRANADA AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 4). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-813-2016

Sponsored by: Councilmember Williams

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 2550 Granada Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 2550 Granada Avenue described as:

LOT 8 RESURVEY OF S & CTL PT OF LOT 6 OF COTTAGE HILL WOODLANDS MBK 3 P 57 LESS & EXC RAN OF KNOLLWOOD DR EXT #SEC 03 T5S R2W #MP33 02 03 3 001

Parcel #: 02-33-02-03-30-01-082

Last assessed to: John C. Moring
2407 Granada Avenue
Mobile, AL 36693

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which 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 resolution adopted.

DECLARE WEEDS NOXIOUS, GROUP #1555. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 58-814-2016

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.

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

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

SECTION 1: It has been determined by the City Council of Mobile that the weeds growing on the privately owned lots or parcels of land described in Exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part thereof as though set forth in full, known as Group #1555 under the caption "NOXIOUS OR DANGEROUS WEEDS GROWING ON PROPERTY," are noxious and dangerous, and such weeds are hereby declared to be public nuisances. The properties upon which such weeds are growing are all located within the corporate limits of the City of Mobile, about the streets referred to in the description which are more particularly described in said Exhibit "A."

SECTION 2: The weeds growing on or in front of the above described parcels of property shall be abated by the removal of such noxious or dangerous weeds or they will be removed and the nuisances abated by the City of Mobile, in which case the cost of such removal will be assessed against the respective parcels of lands from which such weeds are removed, and such cost will constitute a lien upon such respective parcels of land until paid. A public meeting is hereby called to be held in the Auditorium of the Mobile Government Plaza, 205 Government Street, Mobile, Alabama, on the 24th day of January, 2017, at ten thirty a.m., for the purpose of hearing any objections to the declarations contained in this resolution and to the proposed removal of such weeds, at which time all objections will be heard and given due consideration by the City Council of Mobile; and it is directed that there shall be conspicuously posted in front of each parcel of property, a notice headed "NOTICE TO DESTROY WEEDS" such heading to be in words not less than one inch in height and substantially in the form set out in such Act No. 329, approved April 29, 1988.

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1538. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 58-815-2016

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. 1538 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 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 City Clerk, whereupon the Presiding Officer declared the resolution adopted.

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF CIP RESOLUTION BEING INTRODUCED FOR THE FIRST TIME.

Councilmember Richardson moved for the suspension of the rules to consider CIP Resolution 21-816 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.

CIP RESOLUTION BEING INTRODUCED:

AUTHORIZE AMENDMENT OF PROFESSIONAL SERVICES CONTRACT WITH WATKINS ACY STRUNK DESIGN, INC. FOR MEDAL OF HONOR PARK PLAYGROUND, $30,000.00 (2016 CIP PROJECT #324, D6) (PR-029-16; CO237). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 21-816-2016

Sponsored by: Councilmember Rich 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, an amendment to the contract, between the City of Mobile and Watkins Acy Strunk Design, Inc, for work as outlined in the contract amendment attached hereto and made a part hereof as though set forth in full. A copy of said amendment is on file in the office of the City Clerk.

Project name: Medal of Honor Park - Playground

Project number: PR-029-16

Amount: $30,000.00 (2016 CIP Project #324, District 6)

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

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

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

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

Councilmember Richardson moved for the suspension of the rules to consider Resolutions 01-817 – 35-818 being introduced for the first time. The motion was seconded by Councilmember Gregory, 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.

RESOLUTION BEING INTRODUCED:

AUTHORIZE RIGHT OF USE AGREEMENT WITH BIENVILLE SQUARE HOTEL, LLC, TO LOCATE AND MAINTAIN ON THE LEASED PREMISES OF BSH A PUBLIC DUMPSTER FOR THE NON-EXCLUSIVE USE OF AUTHORIZED USERS. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 01-817-2016

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 Right of Use Agreement, between the City of Mobile, and Bienville Square Hotel, LLC ("BSH"), to grant the City a right of use to locate and maintain on the leased premises of ESN a public dumpster for the non-exclusive use of authorized users, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Right of Use Agreement is on file in the office of the City Clerk.

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

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

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

AUTHORIZE LEASE WITH CUSTOMS & BORDER PROTECTION TO PROVIDE SECURITY AT THE MOBILE, ALABAMA CRUISE TERMINAL. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 35-818-2016

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 Lease, between the Customs & Border Protection and the Mobile, Alabama Cruise Terminal, to provide security at the Mobile, Alabama Cruise Terminal, as outlined in the Lease attached hereto and made a part hereof as though set forth in full. A copy of said Lease is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Williams 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.

ANNOUNCEMENTS:

Councilmember Williams imparted best wishes and happy holidays to all.

Councilmember Williams observed that great strides in the City were made in 2016 and he looks forward to further progress in 2017.

Councilmember Small reported great attendance at the district three holiday meeting last week despite the terrible weather.

Councilmember Small wished everyone a happy holiday season, a merry Christmas and a happy new year.

Councilmember Rich extended holiday wishes to all citizens.

Councilmember Rich announced the Public Safety Committee will meet Tuesday, January 17, 2017, 2:00 p.m. in the Council conference room on the ninth floor of the south tower in Government Plaza. Mrs. Rich asked the administration to allow City personnel to attend.

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 Richardson wished everyone a merry Christmas.

Councilmember Richardson recounted the success of the district one Christmas meeting held at New Shiloh Missionary Baptist Church last week where all volunteers were honored.

Councilmember Richardson encouraged all to attend the New Year’s Eve Moon Pie Drop. 38 Special will be the headline act.

Councilmember Daves stated he, along with the other Councilmembers and Mayor Stimpson, visited the Airbus facility this morning. Mr. Daves commented that the manufacturing industry’s future in Mobile is bright.

Councilmember Daves gave his wishes to all for a happy holiday and asked everyone to work together toward the future.

Councilmember Manzie thanked the History Museum of Mobile board members and stated he looks forward to working with them all.

Councilmember Manzie recognized Dr. Elberta Richardson for her assistance with the district two Christmas party.

Councilmember Manzie declared 2016 a transformative year in district two.

Councilmember Manzie thanked City Clerk Lisa Lambert and her staff for their assistance throughout the year.

Councilmember Manzie wished all a happy holiday and indicated he hopes to see everyone on New Year’s Eve at the Moon Pie Drop.

Councilmember Gregory recognized City employees for their hard work.

Councilmember Gregory announced there will be no City Council meeting on Tuesday, December 27, 2016. The next regular meeting will be held Tuesday, January 3, 2017.

Councilmember Gregory advised the Dollar General Bowl Mayor’s Luncheon will be held Thursday, December 22, 2016, 12:00 p.m. at the Mobile Convention Center. Legendary Coach Steve Spurrier will offer words of encouragement to both teams.

Councilmember Gregory stated there will be a Dollar General Bowl parade Thursday at 6:30 p.m. and the game between the Ohio Bobcats and the Troy Trojans will take place Friday, December 23, 2016, 7:00 p.m. at Ladd-Peebles Stadium.

The Presiding Officer recessed the regular meeting at approximately 12:37 p.m.

Approved: January 3, 2017

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK




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