Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


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The City Council meets every Tuesday


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

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


Council minutes for Mar 21, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, MARCH 21, 2017

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 Wednesday, March 21, 2017, at 11:00 a.m.

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

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 6:00 p.m.

The Presiding Officer adjourned the meeting.

Approved: March 28, 2017

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

HOLLOWAY ELEMENTARY SCHOOL, MOBILE, ALABAMA, MARCH 21, 2017

The City Council of the City of Mobile, Alabama, met at Holloway Elementary School on Tuesday, March 21, 2017, at 6:00 p.m., in regular meeting.

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

Reverend Allan Eldridge, Regency Church of Christ, 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: None

STATEMENT OF RULES BY COUNCIL PRESIDENT:

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

1) Any person desiring to address the Council must register upon entering the meeting area. When addressing the Council, the speaker must state his/her name and address.

2) Each speaker is allowed five minutes to address the Council. A bell will sound to indicate the end of 4 minutes. One minute is allowed for summarizing. The second bell indicates the time has expired.

3) To maintain decorum, there will be no undue applause and/or public outcry allowed.

4) When addressing the Council, there is to be no personal address to any individual Councilmember. All statements are to be made to the Chair who will recognize any Councilmember who wishes to respond.

5) Any person desiring to speak to the Council on a non-agenda item must contact the City Clerk's Office no later than 2:00 p.m. on the Thursday prior to the Council Meeting. The subject he/she wishes to address must be identified. Any person attending the meeting who has not given proper notice to the Clerk's Office and wishes to speak on a non-agenda item will not be allowed to address the Council.

6) Those persons desiring to speak on agenda items must indicate the resolution, ordinance, appeal, or public hearing item on arrival when signing in for the meeting.

APPROVAL OF MINUTES:

The minutes of the meetings of March 16, 2017, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson asserted that the appointments of James Barber as Executive Director of Public Safety and Lawrence Battiste as Chief of Police are a positive step for public safety in Mobile.

Mayor Stimpson expressed his gratitude to RADM, Richard Landolt, USN (Retired) for his service as Executive Director of Public Safety to the City of Mobile.

Mayor Stimpson thanked the Council for their support in opposition to House Bill 58 and Senate Bill 31.

Mayor Stimpson announced the Market in the Park, formerly Market in the Square, will be moving to Mardi Gras Park.

ADOPTION OF THE AGENDA:

Councilmember Small moved for the adoption of the agenda, 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 City Clerk whereupon the Presiding Officer declared the agenda adopted.

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 304 SOUTH BROAD STREET AND 903 AUGUSTA STREET (SOUTHWEST CORNER OF SOUTH BROAD STREET AND AUGUSTA STREET EXTENDING TO THE NORTH SIDE OF SAVANNAH STREET) FROM R-1 AND R-3 TO R-3 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 304 South Broad Street and 903 Augusta Street and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO REZONE PROPERTY AT 5803 OLD SHELL ROAD (SOUTHWEST CORNER OF OLD SHELL ROAD AND LONG STREET, EXTENDING TO THE NORTH SIDE OF WALTMAN LANE) FROM R-1 AND R-2 TO B-2 (DISTRICT 6).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 5803 Old Shell Road and asked if there was anyone present to speak for or against this matter.

Sharon Wilson, 5811 Waltman Lane, spoke in opposition of the rezoning.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1851 BOLTZ LANE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1851 Boltz Lane is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

Timothy Cheese, 1851 Boltz Lane, requested more time to repair the structure. Councilmember Gregory referred Mr. Cheese to Deputy Director of Municipal Enforcement David Daughenbaugh.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1154 PERSIMMON STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1154 Persimmon Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 714 DR. THOMAS AVENUE SOUTH 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 714 Dr. Thomas Avenue South is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1630 AKA 1632 ST. STEPHENS ROAD 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 1630 AKA 1632 St. Stephens Road is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 2117 WEBB AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 2117 Webb Avenue is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1641 CONCEPTION STREET ROAD (A) 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 1641 Conception Street Road (A) is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1641 CONCEPTION STREET ROAD (B) 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 1641 Conception Street Road (B) is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1152 ADAMS STREET AKA 305 ADAMS STREET 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 1152 Adams Street AKA 305 Adams Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 429 AFRICATOWN BOULEVARD 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 429 Africatown Boulevard is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

APPEALS:

The Council considered the request of Shirley Edwards, Evangelism Outreach Team, for a waiver of the Noise Ordinance at 1200 Alba Street on March 25, 2017, from 10:00 p.m. – 5:00 p.m. (District 3).

Councilmember Richardson 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 John Sullivan, Cowboys and Angels, for a waiver of the Noise Ordinance at 5428 Halls Mills Road, on March 25, 2017, from 12:00 p.m. – 7:00 p.m. (District 4).

Councilmember Richardson 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.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

None

NON-AGENDA ITEMS:

Sarah Turnipseed, 2662 McKinney Street, thanked Councilmember Richardson for successfully advocating for the meeting room in the soon to be built Crichton Fire Station.

George Reiss, 1620 Green Brook Court, asked the Council to call for the resignations of Mayor Stimpson and Councilmember Daves because of their prior membership in the Comic Cowboys.

Councilmember Gregory responded:

“The Council discussed the fact you were coming to make this request at our pre-conference this morning. As we mentioned at our pre-conference meeting, this Council has no authority to ask any member of the Council or the Mayor to resign. As you also know there is an election coming up in August. That is the time the citizens of this city can decide whether they want this Mayor or this Councilman to be re-elected. That would be the opportunity then to renew their contract as it were. Thank you.”

Matt Waltman, 5485 Dogwood Trail, presented his concerns about the Mobile Fire Rescue Department to the Council.

Timothy Hollis, 1924 Seale Street, spoke to the Council regarding his desire for the re-development of Highway 45 and St. Stephens Road. Mr. Hollis also questioned why the hours for community centers have changed and requested information regarding City funds used to pay for a Presidential rally and visit.

Eleanor Ter Horst, 33 S. Lafayette Street, asked if the Council would request an emissions test by ADEM on the GAF plant.

Perry Berens, 117 Crenshaw Street, offered his concerns about the air quality regarding the coal terminal and the GAF plant.

RESOLUTIONS HELD OVER:

AUTHORIZE CONTRACT WITH HARWELL & COMPANY, LLC FOR 2016 CIP PROJECT D2 #90, DOWNTOWN SIDEWALK REPAIR AND MAINTENANCE, $185,902.00 (COM PROJECT NO. 2016-3005-37; O200). The following resolution which was introduced and read at the regular meeting of Thursday, March 16, 2017 and held over until the regular meeting of Tuesday, March 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-137-2017

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 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: Harwell & Company, LLC

Project name: 2016 CIP Project, D2 #90, Downtown Sidewalk Repair
and Maintenance

COM Project No.: 2016-3005-37

Estimated cost: $185,902.00

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.

AUTHORIZE CONTRACT WITH S & S SPRINKLER COMPANY, LLC FOR ARTHUR R. OUTLAW CONVENTION CENTER PARKING DECK FIRE-SPRINKLER REPLACEMENT, $147,955.00 (CN-066-17; 2017 CIP #150, CITY-WIDE; CO155). The following resolution which was introduced and read at the regular meeting of Thursday, March 16, 2017 and held over until the regular meeting of Tuesday, March 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-141-2017

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: S & S Sprinkler Co., LLC

Project name: Arthur R.Outlaw Convention Center Parking Deck
Fire Sprinkler Replacement

Project number: CN-066-17

Amount: $147,955.00

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

Ayes: Richardson, 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 AGREEMENT WITH UNIVERSITY OF SOUTH ALABAMA SPEECH PATHOLOGY/AUDIOLOGY STUDENTS TO ENGAGE IN A CLINICAL EDUCATION PROGRAM AT THE CONNIE HUDSON REGIONAL SENIOR COMMUNITY CENTER AND 4 SAIL CENTERS (THOMAS SULLIVAN, TRICKSEY, HILLSDALE AND PARKWAY). The following resolution which was introduced and read at the regular meeting of Thursday, March 16, 2017 and held over until the regular meeting of Tuesday, March 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 01-143-2017

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, an Agreement between the City of Mobile and the University of South Alabama to provide students with instruction and training in Speech Pathology/Audiology to engage in a clinical education program at Connie Hudson Regional Senior Community Center and 4 SAIL Centers: Thomas Sullivan Community Center; Tricksey Senior Center; Hillsdale Community Center; and Parkway SAIL, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember 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 M. W. ROGERS CONSTRUCTION COMPANY, LLC FOR CRICHTON FIRE STATION, $2,769,060.00 (FD-131-16; CO098). The following resolution which was introduced and read at the regular meeting of Thursday, March 16, 2017 and held over until the regular meeting of Tuesday, March 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-144-2017

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: M. W. Rogers Construction Company, LLC

Project name: Crichton Fire Station

Project number: FD-131-16

Amount: $2,769,060.00

The resolution was read by the City Clerk; whereupon Councilmember Richardson 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 LTS DEVELOPMENT GROUP FOR NUISANCE ABATEMENT-DEMOLITION OF STRUCTURES WITH LEAD-BASED PAINT, $7,840.00 (1101 CHINQUAPIN STREET, DM-165-16) (CO111). The following resolution which was introduced and read at the regular meeting of Thursday, March 16, 2017 and held over until the regular meeting of Tuesday, March 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-145-2017

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: LTS Development Group

Project name: Nuisance Abatement-Demolition of Structures with
Lead-Based Paint; 1270 Chinquapin Street,
DM-165-16,
1101 Chinquapin Street, DM-194-16

Amount: $7,840.00

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.

AUTHORIZE CONTRACT WITH STEVE CUMBIE GENERAL CONTRACTORS, INC. FOR ARTHUR R. OUTLAW CONVENTION CENTER EXPO HALL RESTROOM RENOVATION, $272,270.00 (CN-155-16; CO261). The following resolution which was introduced and read at the regular meeting of Thursday, March 16, 2017 and held over until the regular meeting of Tuesday, March 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-146-2017

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: Steve Cumbie General Contractors, Inc.

Project name: Arthur R. Outlaw Convention Center Expo Hall Restroom Renovation

Project number: CN-155-16

Amount: $272,270.00

The resolution was read by the City Clerk; whereupon Councilmember Richardson 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 THE MAYOR TO APPLY, ACCEPT AND RECEIVE THE DOJ FY2017 HOMELAND SECURITY GRANT, $24,926.61 (NO LOCAL MATCH). The following resolution which was introduced and read at the regular meeting of Thursday, March 16, 2017 and held over until the regular meeting of Tuesday, March 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 31-148-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S. Department of Homeland Security, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $24,926.61 for the FY2017 Homeland Security Grant Program.

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

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.

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE THE SOUTHERN RAIL COMMISSION GRANT, $125,000.00 ($125,000.00 COM CASH MATCH; $25,000.00 COM IN-KIND MATCH). The following resolution which was introduced and read at the regular meeting of Thursday, March 16, 2017 and held over until the regular meeting of Tuesday, March 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 31-149-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the Southern Rail Commission, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $125,000 to identify improvements needed to support the return of passenger rail service along the Gulf Coast.

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant application and to provide any information required by the Southern Rail Commission, the Federal Railroad Administration, or any other federal agency.

The resolution was read by the City Clerk; whereupon Councilmember Small 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 ORDINANCE BEING INTRODUCED FOR THE FIRST TIME.

Councilmember Richardson moved for the suspension of the rules to consider Ordinance 22-010 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 items.

ORDINANCES BEING INTRODUCED:

ADOPT A FIRE CODE FOR THE CITY OF MOBILE. The following ordinance was introduced by Councilmember Gregory.

ORDINANCE: 22-010-2017

Sponsored by: Councilmembers Williams and Rich

AN ORDINANCE TO ADOPT A FIRE CODE FOR THE CITY OF MOBILE, ALABAMA

WHEREAS, the City of Mobile’s current version of the Fire Code is based on the 2012 edition of the International Fire Code; and,

WHEREAS, a 2015 edition of the International Fire Code has been released; and,

WHEREAS, the State Fire Marshall has adopted the 2015 edition of the International Fire Code, with certain amendments; and,

WHEREAS, the State Fire Marshall did not adopt section D107 of Appendix D to the 2015 International Fire Code.

NOW, THEREFORE, BE IT ORDAINED BY TILE CITY COUNCIL OF THE CITY OFMOBILE, ALABAMA as follows:

ARTICLE ONE: Code and Appendices. That, pursuant to Alabama Code Section 11-45-8(1975), the 2015 Edition of the International Fire Code and Appendices B and C, along with the amendments to the same contained in this ordinance, which has been on file in the office of the City Clerk of the City of Mobile, Alabama, pursuant to a resolution adopted by the City Council of the City of Mobile, Alabama, on March 21, 2017, is hereby adopted as the "Fire Code of the City of Mobile."

ARTICLE TWO: Published Ordinance. A copy of this Ordinance shall be published pursuant and according to law, after its adoption, but it shall not be necessary for the said 2015 International Fire Code to be published in a newspaper, nor shall the same be spread at length upon the minutes of this Council but this Ordinance shall be recorded in said minutes.

ARTICLE THREE: Effective Date. The said 2015 International Fire Code shall be in full force and become effective 60 days after its adoption, and all ordinances heretofore adopted by the City of Mobile in conflict are hereby repealed.

ARTICLE FOUR: Contractors Criteria and Qualifications. Criteria and qualifications for fire protection system contractors shall be set forth herein. Contractor's Responsibilities. It shall be the duty of every contractor who shall make contracts for the design, installation and/or replacement of components of fire protection systems, for which a permit is required, to be properly certified, licensed and bonded in accordance with all of the City of Mobile and State of Alabama requirements.

ARTICLE FIVE: Surety Bond. In addition to the requirements as set forth herein, it shall be the duty of every contractor and sub-contractor to provide and have on file a current license and Permit Bond for $10,000. The bond is subject to the approval of the City of Mobile Legal Department and shall be provided by a surety company qualified to do business in the State of Alabama and from an agent thereof with an office in the City of Mobile.

Such bond shall insure that the licensee complies with laws, ordinances and regulations of the applicable governing body. The local governing body shall be indemnified and saved harmless from all claims arising from accidents and damage of any character whatsoever caused by the negligence of such person, firm, or corporation engaged in business or by any other unfaithful, inadequate work done either by themselves or their agents or employees.

ARTICLE SIX: Vehicular Sign. All trucks and similar vehicles used by contractors and subcontractors shall have signs on both sides of said vehicles indicating the full name, address, and telephone number of the firm to which it belongs. Lettering may be any color in contrast to the color of the body and be at least 1-1/4 inches tall.

ARTICLE SEVEN: CHAPTER I SCOPE AND ADMINISTRATION of the 2012 International Fire Code shall be amended as follows:

Amend SECTION 101 SCOPE AND GENERAL REQUIREMENTS as follows:

Amend 101.1 Title. To read as follows:

101.1 Title. These regulations shall be known as the Fire Code of the City of Mobile, Alabama, and shall be cited as such and will be referred to herein as, "this Code."

Amend SECTION 102 APPLICABILITY to read as follows:

Add 102.4.1 Application of the Properly Maintenance Code to read as follows:

102.4.1 Application of the Property Maintenance Code. The provisions of the 2012 International Property Maintenance Code and adopted ordinances shall apply to existing structures and premises: equipment and facilities; light, ventilation, space, heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing structures and premises.

Add 102.4.2 Application of the Electrical Code to read as follows:

102.4.2 Application of the Electrical Code. The provisions of the 2014 National Electrical Code and adopted ordinances shall apply to the installation, alterations. repairs and replacement of electrical systems, including equipment, fixtures, fittings and/or appurtenances.

Add 102.4.3 Application of the Mechanical Code to read as follows:

102.4.3 Application of the Mechanical Code. The provisions of the 2012 International Mechanical Code and adopted ordinances shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other related systems.

Add 102.4.4 Application of the Plumbing Code to read as follows:

102.4.4 Application of the Plumbing Code. The provisions of the 2012 International Plumbing Code and adopted ordinances shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fitting and appurtenances, and where connected to a water or sewage system.

Amend 102.13 Appendices to read as follows:

102.13 Appendices. The following appendices shall be adopted:

1. Appendix B - Fire Flow Requirements for Buildings.
2. Appendix C - Fire Hydrant Locations and Distribution.
3. Appendix D - Fire Apparatus Access Roads, except for section D107 which is not adopted.

Amend SECTION 108 BOARD OF APPEALS as follows:

Delete articles 108.1 through 108.3. Add to read as follows:

108.1 Construction Board of Appeals. The Board of Appeals, herein called the Construction Board of Appeals, shall be in accordance with the applicable sections of the International Building Code and the Ordinance Adopting the International Building Code.

Amend SECTION 109 VIOLATIONS as follows:

Amend 109.4 Violation penalties to read as follows:

109.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the fire official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties in accordance with Chapter I of the Mobile City Code. Violation of the provisions of the 2015 International Fire Code shall be subject to $250.00 fine unless otherwise listed below:

I. Working without proper license, certifications or permit. $500.00
2. Signage on all vehicles used by contractor. $100.00
3. Interference with a Fire Code Official. $100.00

Amend SECTION 113 FEES to read as follows:

Amend 113.2 SCHEDULE OF PERMIT FEES to read as follows:

Amend Paragraph 113.2 to read as follows:

113.2 SCHEDULE OF PERMIT FEES. On all buildings, structures, facilities and operations requiring a permit, a fee for each permit shall be paid as required at the time of filing the application, in accordance with the Fire Code Permit Fee Schedule Ordinance as established by the City of Mobile and adopted in a separate ordinance.

Amend SECTION 113.5 REFUND: Amend as follows:

Amend Paragraph 113.5 to read as follows:

113.5 Refunds. Refunds shall be in accordance with the Fire Code Permit Fee Schedule Ordinance.

ARTICLE EIGHT: CHAPTER 2 DEFINITIONS of the 2015 International Fire Code shall be amended as follows:

Amend SECTION 202 GENERAL DEFINITIONS as follows:

Amend the definition of HISTORIC BUILDING to read as follows:

HISTORIC BUILDING. Any building or structure that is listed in the Alabama Register of Landmarks and Heritage or in the National Register of Historic Places; designated as a historic property under local or state designation; certified as a contributing resource within a National Register listed or locally designated historic district; or with an opinion or certification that the property is eligible to be listed in the Alabama Register or the National Register of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places.

ARTICLE NINE: CHAPTER 3 GENERAL. REQUIREMENTS of the 2012 International Fire Code shall be amended as follows:

Amend SECTION 308 OPEN FLAMES as follows:

Amend 308.1.4 Open flame cooking devices to read as follows:

308.1.4 Open flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on balconies or within 10 feet of combustible construction. The management of multi-family residential occupancies which have balconies, decks, or patios shall notify their tenants in writing of the prohibitions of open flame cooking devices on balconies as outlined in 308.1.4 of the fire code when the tenant or occupant initially occupies the building and periodically thereafter as may be necessary to ensure compliance

Amend 308.1.4 Exceptions to read as follows:

Delete Item Number 2 308.1.4 Exceptions. - Where buildings balconies and decks are protected by an automatic sprinkler system.

ARTICLE TEN: CHAPTER 5 FIRE SERVICE FEATURES of the 2012 International Fire Code shall be amended as follows:

Amend SECTION 503 FIRE APPARATUS ACCESS ROADS to read as follows:

Amend 503.2.3 Surface to read as follows:

503.2.3 Surface. Fire apparatus access roads shall be surfaced with asphalt or concrete and designed and maintained in accordance with Section 503 and Appendix D FIRE APPARATUS ACCESS ROADS Section D102.1 Access and loading.

Amend SECTION 506 KEY BOXES to read as follows:

Amend 506.1 Where required to read as follows:

506.1 Where required. All buildings with fire alarm and automatic sprinkler systems and any building requiring a fire department inspection for Certificate of Occupancy will require an approved Knox key box for rapid fire department entry into the building. Entry keys/cards to all parts of the building arc required to be placed in the key box and shall he maintained in accordance to 506.2.

Amend SECTION 507 FIRE PROTECTION WATER SUPPLIES to read as follows:

Amend 507.5.1.1 Hydrant for standpipe systems to read as follows:

507.5.1.1 Hydrant for automatic sprinkler systems and standpipe systems. Buildings equipped with an automatic sprinkler system or standpipe system shall have a fire hydrant located within100 feet of the fire department connections.

ARTICLE ELEVEN: CHAPTER 9 FIRE PROTECTION SYSTEMS of the 2012 International Fire Code shall be amended as follows:

Amend SECTION 901 GENERAL to read as follows:

Add 901.2.2 Professional certification to read as follows:

901.2.2 Professional certification. Automatic sprinkler system, standpipe systems and fire alarm system contractors shall be certified by the Alabama State Fire Marshal's Office before applying for permission to perform work on these systems within the City of Mobile. All other fire protection system contractors shall submit proof of certification from the fire protection system's manufacturer to perform work on those systems. The fire protection system permit requirements does not relieve the permitted of additional qualifications and permits required from other adopted codes and ordinances.

Amend 901.9 Termination of monitoring service to read as follows:

901.9 Termination of monitoring service. For fire alarm systems required to be monitored by this code, notice shall be given to the fire code official whenever alarm monitoring services are terminated. The owner or owner designated representative shall be responsible for sending a notice of termination of service in writing to the following mail address and fax number.

Attention To:
Fire Code Official Bureau of Fire Prevention
2851 Old Shell Road Mobile, AL 36607
Fax: (251) 208-7162.

Amend SECTION 904 ALTERNATIVE AUTOMATIC FIRE-EXTINGUSHING SYSTEMS to read as follows:

Amend 904.12 Commercial cooking systems to read as follows:

Delete Item Number 4 904.12 Commercial cooking systems. - Dry -chemical extinguishing system, NFPA 17.

Amend SECTION 912 FIRE DEPARTMENT CONNECTIONS to read as follows:

Amend 912.4.1 Locking Fire Department connection caps to read as follows:

912.4.1 Locking fire department connection caps. Locking caps are required on fire department connections for water-based fire protection systems unless the connection is located inside a security guard-maintained, fenced facility and the fire code official has approved the site.

Amend 912.6 Backflow protection to read as follows:

912.6 Backflow protection. The potable water supply to fire protection systems shall be protected against backflow as required by the International Fire Code and the Mobile Area Water and Sewer Service. Backflow preventers shall be protected from freezing by being insulated.

Amend 913 FIRE PUMPS to read as follows:

Amend 913.2 Protection against interruption of service to read as follows:

913.2 Protection against interruption of service. As required by the AHJ, occupancies where life safety is at risk such as residential, institutions, etc. An emergency generator shall be required as an alternate source of power.

Occupancies where life safety is at low risk, such as business, mercantile, etc. an emergency generator will not be required.

ARTICLE TWELVE: CHAPTER 50 HAZARDOUS MATERIALS-GENERAL.

PROVISIONS of the 2012 International Fire Code shall he amended as follows:

Amend SECTION 5001.1.1 Waiver to read as follows:

5001.1.1 Waiver. The provisions of this chapter and any other chapter are waived when the fire code official determines that such enforcement is preempted by other codes, statutes or ordinances.

ARTICLE THIRTEEN: Severability. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Code. The City Council of the City of Mobile hereby declares that it would have passed this Code and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences or phrases be declared unconstitutional.

ARTICLE FOURTEEN: Savings Clause. All rights and remedies of the City of Mobile are expressly saved as to any and all violations of the Fire Code, as amended, or any other ordinances, which have accrued at the time of the effective date of this ordinance. No accrued violation, and no action or proceeding, civil and criminal, pending at the time of the adoption of this ordinance, shall be affected or abated by the adoption of this ordinance.

The ordinance was read by the City Clerk; whereupon Councilmember Gregory moved that the ordinance be held over for sixty days until the regular meeting of Tuesday, May 23, 2017 which was seconded by Councilmember Richardson, and the vote was as follows:

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

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

AMEND CHAPTER 57, ARTICLE VIII, MOBILE CITY CODE, CONCERNING RIGHTS-OF-WAY CONSTRUCTION AND ADMINISTRATION. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, March 28, 2017.

ORDINANCE: 57-007-2017

Sponsored by: Councilmember Richardson

AN ORDINANCE TO AMEND CHAPTER 57, ARTICLE VIII, MOBILE CITY CODE, CONCERNING RIGHTS-OF-WAY CONSTRUCTION AND ADMINISTRATION

WHEREAS, the City Council adopted the Rights of Way Construction and Administration Ordinance on March 30, 1999;

WHEREAS, the Rights-of-Way Construction and Administration Ordinance was enacted to regulate construction activities within the City's roads, streets, and rights-of-way in order to keep the City's roads, streets, and rights-of-way in good repair and free from unnecessary encumbrances; and,

WHEREAS, the Council finds it necessary and desirable to further address the issue of construction and maintenance activities within the City's roads, streets, and rights-of-way in order to provide further for the structural integrity of the City's streets and to provide further for the safety, well-being, and convenience of those using the City's streets and rights-of-way.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that Chapter 57, Article VIII, of the Mobile City Code, relating to Rights-of-Way Construction and Administration, be and the same hereby is amended in the following separate and several respects:

SECTION ONE. Section 57-234(d)(5)(b) of the Mobile City Code is hereby amended so that it now reads in its entirety as follows:

(b). When an applicant desires to conduct permitted activity within any roadway that has been constructed, reconstructed, resurfaced, or overlayed within the three (3) years immediately preceding the issuance of a right-of-way permit, then the applicant shall pay, in addition to all other permit fees, an additional fee as follows:

1. The additional fee for work within any such roadway within the first year after resurfacing or construction shall be $2,500.00.

2. The additional fee for work within any such roadway in the second year after resurfacing or construction shall be $1,000.00.

3. The additional fee for work within any such roadway in the third year after resurfacing or construction shall be $500.00.

SECTION TWO. Section 57-234(d)(5)(c) of the Mobile City Code is hereby deleted from the City Code.

SECTION THREE. Appendix A, Schedule of Fees, subsection (a), is hereby amended so that it now reads as follows:

(a) Excavation of roadway surface that has been constructed, reconstructed, resurfaced, or overlayed within the three (3) years immediately preceding the issuance of a right-of-way permit, in addition to all other permit fees, an additional fee as follows:

(1). $2,500.00 for work within any such roadway within the first year after resurfacing or construction.

(2). $1,000.00 for work within any such roadway in the second year after resurfacing or construction.

(3). $500.00 for work within any such roadway in the third year after resurfacing or construction.

SECTION FOUR. The fees set forth in Sections One and Three of this Ordinance shall be in addition to, and not in lieu of, any other fees or licenses required.

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

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

REZONE PROPERTY AT 304 SOUTH BROAD STREET AND 903 AUGUSTA STREET (SOUTHWEST CORNER OF SOUTH BROAD STREET AND AUGUSTA STREET EXTENDING TO THE NORTH SIDE OF SAVANNAH STREET) FROM R-1 AND R-3 TO R-3 (DISTRICT 2). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, March 28, 2017.

ORDINANCE: 64-008-2017

Sponsored by: Councilmember Manzie

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON TILE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.

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

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

LOTS "A", RUSSELL ELEMENTARY SUBDIVISION AS RECORDED IN MAP BOOK 133, PAGE 43 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE , MOBILE COUNTY, ALABAMA TOGETHER WITH THE EAST 44 FEET OF LOT 7, SQUARE 84, OF THE WEST GORDON DIVISION OF THE FAVRE TRACT, ACCORDING TO PLAT THEREOF RECORDED IN DEED BOOK 34 PAGES 150-151, OF SAID MOBILE COUNTY, PROBATE RECORDS.

The classification of said property is hereby changed from R-1, Single-Family Residential District, and R-3 Multiple Family District, to R-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) site is limited to an approved Planned Unit Development; and 3) 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.

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

NOTICE OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Holloway Elementary School, 625 Stanton Road, on the 21st day of March, 2017, at 6:00 p.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 21st day of February, 2017.

REZONE PROPERTY AT 5803 OLD SHELL ROAD (SOUTHWEST CORNER OF OLD SHELL ROAD AND LONG STREET, EXTENDING TO THE NORTH SIDE OF WALTMAN LANE) FROM R-1 AND R-2 TO B-2 (DISTRICT 6). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, March 28, 2017.

ORDINANCE: 64-009-2017

Sponsored by: Councilmember Rich

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE

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

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

LOTS 1, 2 & 3, WESTERN HILLS EXTENSION AS RECORDED IN MAP BOOK 3 PAGE 432 PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA

The classification of said property is hereby changed from R-1, Single-Family Residential District and R-2, Two-Family Residence District, to B-2, Neighborhood 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-2, Neighborhood 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-2, Neighborhood Business District, until all of the conditions set forth below have been complied with: 1) Preservation status is to be given to the 68" live oak free along Old Shell Road; 2) Compliance with Engineering comments (I. 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 Contra 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.); 3) Compliance with Traffic Engineering comments (Site is limited to two curb cuts to Long Street with size, location and design to be approved by Traffic Engineering and conform to AASHTO standards. Access to Old Shell Road is denied Required on-site parking, including ADA handicap spaces, shall meet the minimum standards as defined in Section 64-6 of the City's Zoning Ordinance.• Sidewalk construction is required along all street frontages, including an accessible ramp at the intersection of Long Street and Old Shell Road. ); 4) 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 61-929 and City Code Chapters 57 and 64).); 5) 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).); 6) Full compliance with all requirements of the Zoning Ordinance; and 7) Full compliance with all other municipal codes and ordinances.

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

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 Resolution 03-155 – 58-169 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 items.

CONSENT RESOLUTIONS BEING INTRODUCED:

RE-APPOINT GIL LADEN TO THE ALTAPOINTE HEALTH SYSTEMS, INC. BOARD. The following resolution was introduced by Councilmember Small.

RESOLUTION: 03-155-2017

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Gil Laden is re-appointed to the AltaPointe Health Systems, Inc. Board, effective April 1, 2017, for a term ending April 1, 2023.

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

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

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

APPOINT JOHN DANIELS RUZIC TO THE ARCHITECTURAL REVIEW BOARD. The following resolution was introduced by Councilmember Small.

RESOLUTION: 03-156-2017

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that John Daniels Ruzic is appointed to fill an un-expired term to the Architectural Review Board effective immediately for a term ending December 31, 2019.

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

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

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

APPOINT JAMES H. BARBER AS EXECUTIVE DIRECTOR OF PUBLIC SAFETY OF THE CITY OF MOBILE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 03-173-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the appointment by Mayor William S. Stimpson of James H. Barber as Executive Director of Public Safety is hereby approved by the City Council of the City of Mobile, Alabama, said appointment and approval having been made pursuant to § 11-44C-38(a) of the Code of Alabama.

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

APPOINT LAWRENCE BATTISTE AS CHIEF OF POLICE OF THEY CITY OF MOBILE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 03-174-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the appointment by Mayor William S. Stimpson of Lawrence Battiste as Chief of Police of the City of Mobile is hereby approved by the City Council of the City of Mobile, Alabama, said appointment and approval having been made pursuant to § 11-44C-38(a) of the Code of Alabama.

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A SPECIAL EVENTS RETAIL LICENSE TO 2017 FUEGO CINCO DE MAYO, 2066 OLD SHELL ROAD (PARKING LOT). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 37-157-2017

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: Special Events Retail License

Submitted by: Nightwing Restaurants, LLC

Location: 2017 Fuego Cinco De Mayo
2066 Old Shell Road (parking lot)
Mobile, AL 36607

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A SPECIAL EVENTS RETAIL LICENSE TO 2017 SOUTHSOUNDS MUSIC & ARTS FESTIVAL, 300 CONTI STREET (CATHEDRAL SQUARE). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 37-158-2017

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: Special Events Retail License

Submitted by: Broman, LLC

Location: 2017 Southsounds Music & Arts Festival
Cathedral Square
300 Conti Street
Mobile, AL 36602

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE TO BROTHERS FOOD MART, 2700 PLEASANT VALLEY ROAD. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 37-159-2017

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

Submitted by: Soett, LLC

Location: Brothers Food Mart
2700 Pleasant Valley Road
Mobile, AL 36606

The resolution was read by the City Clerk; whereupon Councilmember moved that the resolution be adopted, which was seconded by Councilmember, 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 1851 BOLTZ LANE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 1). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 40-160-2017

Sponsored by: Councilmember Richardson

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1851 Boltz 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 1851 Boltz Lane described as:

COMG AT SE COR OF PLEASANT AVE & BOLTZ LN RUN TH SLY ALG E RNV/L OF BOLTZ LN 115 FT TO IRON MARKER FOR P06 OF HEREIN DESC PPTY TH CONT SLY ALG SD RNV/L 50 FT TO PT TH WITH INT ANG OF 91

Parcel #: 022902440033103

Last assessed to: Timothy and Gwendolyn Cheese
c/o French, Eddie Cheese Sr.
P. O. Box 13173
Mobile, AL 36663

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 Richardson 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.

DECLARE THE STRUCTURE AT 1154 PERSIMMON STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 40-161-2017

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1154 Persimmon Street 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 ha


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