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 Apr 18, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, APRIL 18, 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, April 18, 2017, at 9:00 a.m.

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

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 10:30 a.m.

The Presiding Officer adjourned the meeting.

Approved: April 25, 2017

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, APRIL 18, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, April 18, 2017, at 10:30 a.m., in regular meeting.

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

Reverend Clifton Thomas, Associate Pastor, Smith Memorial A.M.E. Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

President Gregory asked everyone to remain standing for a moment of silence in remembrance of Councilmember Richardson’s niece, Gail Singleton Wattie, who passed away this morning.

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 meeting of April 11, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson read a proclamation declaring April 22, 2017 as Earth Day in the City of Mobile.

Mayor Stimpson thanked Executive Director of Public Works Bill Harkins, Chief Procurement Officer Don Rose and Don Irby for their assistance with the implementation of a new recycling program in Mobile.

Mayor Stimpson commented that the 2018 Capital Improvement Plan focuses heavily on park improvements.

ADOPTION OF THE AGENDA:

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

PUBLIC HEARINGS:

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 54 NORTH CEDAR 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 54 North Cedar 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.

Property owners Jamie Hobbs and Janice Morrison, 1011 Houston Street, requested they be allowed to have the structure demolished.

Councilmember Manzie advised he and David Daughenbaugh will meet with Ms. Hobbs and Ms. Morrison to discuss a solution.

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

APPEALS:

The Council considered the request of Bryan Lee, Ridgefield Property Owners Association, for a waiver of the Noise Ordinance at 558 Shenandoah Road West on April 23, 2017, from 4:00 p.m. – 6:00 p.m. (District 6).

Councilmember Rich moved that the waiver be granted which motion was seconded by Councilmember Small, and the vote was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

None

NON-AGENDA ITEMS:

Jim Walker, Co-owner of the OK Bicycle Shop, 600 Church Street, spoke to the Council about changes he would like regarding trash pick-up for downtown businesses.

ORDINANCES HELD OVER:

AMEND CITY CODE CHAPTER 11-BUILDINGS, ARTICLE V-NUISANCE ABATEMENT, SECTION 11-86 ENTITLED “PAYMENT OF ASSESSMENT.” The following ordinance which was introduced and read at the regular meeting of Tuesday, April 11, 2017 and held over until the regular meeting of April 18, 2017 was called up by the Presiding Officer.

ORDINANCE: 11-013-2017

Sponsored by: Mayor Stimpson

AN ORDINANCE TO AMEND MOBILE CITY CODE, CHAPTER 11-BUILDINGS, ARTICLE V.-NUISANCE ABATEMENT, SEC. 11-86. - PAYMENT OF ASSESSMENT

BE IT ORDAINED BY THE CITY OF MOBILE, ALABAMA, that Chapter 11-Buildings, Article V.-Nuisance Abatement, Sec. 11-86 of the Mobile City Code Entitled "Payment of Assessment" shall be amended as follows:

Sec. 11-86. Payment of assessment.

Delete the following:

(b)
If the final assessment is greater than ten thousand dollars ($10,000.00), the owner may, within thirty (30) days of the final assessment, give written notice to the public improvement officer that the owner elects to pay the final assessment in ten (10) equal annual installments or in thirty-six (36), sixty (60), or one hundred twenty (120) monthly installments. The first installment shall be payable within thirty (30) days after the final assessment is determined, and all installments thereof shall be payable to the public improvement officer. Installment payments shall bear interest at the rate of twelve (12) percent per annum. Interest shall begin to accrue upon the expiration of thirty (30) days from the date of the final assessment and the interest shall be due and payable at the time and place the final assessment is due and payable.

Insert in lieu thereof:

(b)
The owner may, within thirty (30) days of the final assessment, give written notice to the City of Mobile Finance Director that the owner elects to pay the final assessment in ten (10) equal annual installments or in thirty-six (36), sixty (60), or one hundred twenty (120) monthly installments. The first installment shall be payable within thirty (30) days after the final assessment is determined, and all installments thereof shall be payable to the City of Mobile. Installment payments shall bear interest at the rate of twelve (12) percent per annum. Interest shall begin to accrue upon the expiration of thirty (30) days from the date of the final assessment and the interest shall be due and payable at the time and place the final assessment is due and payable.

SEVERABILITY: In the event that any subsection, sentence, clause or phrase of this ordinance shall be declared or adjudged in valid or unconstitutional, such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof.

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

EFFECTIVE DATE: The effective date of this Ordinance is ______________.

PUBLICATION: A copy of this ordinance shall be published pursuant and according to law, after its adoption.

The ordinance was read by the City Clerk; whereupon Councilmember Gregory moved that the ordinance 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 ordinance adopted.

REZONE PROPERTY AT 2251 AND 2255 PESNELL COURT AND 2250 MOSS CREEK COURT (NORTH TERMINUS OF PESNELL COURT EXTENDING TO THE NORTH TERMINUS OF MOSS CREEK COURT) FROM R-1 AND R-3 TO R-1 AND R-3 (DISTRICT 6). The following ordinance which was introduced and read at the regular meeting of Tuesday, April 11, 2017 and held over until the regular meeting of April 18, 2017 was called up by the Presiding Officer.

ORDINANCE: 64-015-2017

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:

LOT 1 MOSS CREEK RESUBDIVISION AND ADDITION TO LOT 9 AS RECORDED IN MAP BOOK 111, PAGE 102, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA. TOGETHER WITH LOT 1 BROOKVIEW AT BROOKSIDE, UNIT NO. 2 AS RECORDED IN MAP BOOK 119, PAGE 2, PROBATE COURT RECORDS, MOBILE COUNTY, ALBAMA.

The classification of said property is hereby changed from R-1, Single-Family Residential District, and R-3, Multiple Family District, to R-1, Single-Family Residential District and 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-1, Single-Family Residential District and 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-1, Single-Family Residential District and R-3, Multiple Family District, until all of the conditions set forth below have been complied with: 1) completion of the subdivision process; 2) development on Lot 2 limited to an approved Planned Unit Development; and 3) 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.

The ordinance was read by the City Clerk; whereupon Councilmember Richardson moved that the ordinance be adopted, which was seconded by Councilmember Small, after comments from Councilmember Rich the vote was as follows:

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

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

RESOLUTIONS HELD OVER:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE TO J & T CONVENIENCE STORE, 7 NORTH BROAD STREET, SUITE B. The following resolution which was introduced and read at the regular meeting of Tuesday, April 4, 2017 and held over until the regular meeting of April 18, 2017 was called up by the Presiding Officer.

RESOLUTION: 37-193-2017

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

Submitted by: Tamela Young

Location: J & T Convenience Store
7 North Broad Street, Suite B
Mobile, AL 36602

The resolution was read by the City Clerk; whereupon Councilmember Manzie 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 CONTRACT AMENDMENT WITH NEEL-SCHAFFER, INC. FOR ENGINEERING SERVICES ON THE MCGREGOR AVENUE WIDENING PROJECT (AIRPORT BOULEVARD TO DAUPHIN STREET) ADD $54,923.00. The following resolution which was introduced and read at the regular meeting of Tuesday, April 11, 2017 and held over until the regular meeting of April 18, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-212-2017

Sponsored by: Councilmember Daves and Mayor Stimpson

Whereas, the City entered into a contract dated March 26, 2013 with Neel-Schaffer, Inc. or engineering services on the project know as McGregor Ave. Widening (Airport Blvd. to Dauphin St.) Project, City of Mobile Project No. 2013-202-07, ALDOT Project No. STPMP-7508 (600); and

Whereas, the Contract amount for the engineering services are based on fee negotiations between the City of Mobile & Alabama Department of Transportation with Neel-Schaffer, Inc.; and totaled $404,397.27; and,

Whereas, the design fee cost is to be shared between the City of Mobile (20%) and the Alabama Department of Transportation (80%); and,

Whereas, the contract provides on Page 23, Exhibit D that additional services may become necessary or desirable and "payment for extra work will be negotiated by supplemental agreement, and Supplemental Agreement (No. 1), approved by the Alabama Department of Transportation, for professional engineering fees for additional design services to adjust the amount of compensation to Neel-Schaffer, Inc. was negotiated, thereby increasing professional engineering fees by $54,923.00 to a total of $459,320.27;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Council does hereby authorize the additional fee of $54,923.00 for a total of $459,320.27, to be paid to Neel-Schaffer, Inc., the Mayor to execute, and the City Clerk to attest Contract Amendment #2, attached hereto, and further authorizes for engineering services on the McGregor Ave. Widening (Airport Blvd. to Dauphin St) Project.

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.

AUTHORIZE CONTRACT WITH UNITED SITE SERVICES OF MISSISSIPPI, LLC FOR PORTABLE TOILETS-VARIOUS CITY OF MOBILE LOCATIONS, $14,886.00 (SC-110-17; 10042025/10041544). The following resolution which was introduced and read at the regular meeting of Tuesday, April 11, 2017 and held over until the regular meeting of April 18, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-213-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of company: United Site Services of Mississippi, LLC

Project name: Portable Toilets-Various City of Mobile Locations

Project number: SC-110-17

Amount: $14,886.00

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.

AUTHORIZE CONTRACT WITH HUTCHINSON, MOORE & RAUCH, LLC FOR COPELAND-COX TENNIS CENTER-CIVIL ENGINEERING SERVICES-DRAINAGE REPAIRS-COURTS 5-8, $11,800.00 (PR-170-17 CO241). The following resolution which was introduced and read at the regular meeting of Tuesday, April 11, 2017 and held over until the regular meeting of April 18, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-214-2017

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of company: Hutchinson, Moore & Rauch, LLC

Project name: Copeland-Cox Tennis Center - Civil Engineering Services
Drainage Repairs - Courts 5 - 8

Project number: PR-170-17

Amount: $11,800.00

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

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

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

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE FUNDING FROM THE NATIONAL CRIME VICTIMS’ RIGHTS WEEK COMMUNITY AWARENESS PROJECT, $4,310.00 (NO CITY MATCH). The following resolution which was introduced and read at the regular meeting of Tuesday, April 11, 2017 and held over until the regular meeting of April 18, 2017 was called up by the Presiding Officer.

RESOLUTION: 31-216-2017

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 National Crime Victims' Rights Week Community Awareness Project, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $4,310.00 for the National Crime Victims' Rights Week Community Awareness Project.

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 Justice 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.

APPROVE THE APPLICATION OF LAZARUS LESLIE ZUIKOMBORERO MAKURA D/B/A QUANTUM AXIS, LLC FOR A SEDAN SERVICE. The following resolution which was introduced and read at the regular meeting of Tuesday, April 11, 2017 and held over until the regular meeting of April 18, 2017 was called up by the Presiding Officer.

RESOLUTION: 37-217-2017

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of Lazarus Leslie Zuikomborero Makura d/b/a Quantum Axis, LLC for a Certificate of Public Convenience and Necessity for a sedan service is hereby approved. A copy of said application is on file in the office of the City Clerk.

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

ORDINANCES BEING INTRODUCED:

ORDINANCE TO AMEND CHAPTER 34 OF THE MOBILE CITY CODE CONCERNING THE DATES OF THE BACK-TO-SCHOOL SALES TAX HOLIDAY. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, April 25, 2017.

ORDINANCE: 34-016-2017

Sponsored by: Councilmembers Rich, Gregory, Richardson and Manzie

AN ORDINANCE TO AMEND CHAPTER 34 OF THE MOBILE CITY CODE CONCERNING THE DATES OF THE BACK TO SCHOOL SALES TAX HOLIDAY

WHEREAS, in 2006 the State Legislature passed an Act allowing for the exemption of certain defined back to school items from sales and use taxes during the first full weekend in August of each year; and,

WHEREAS, in Act 2017-120 the Legislature changed the date for this sales tax holiday to the third weekend in July; and,

WHEREAS, the City Council of the City of Mobile has determined that the sales tax holiday applicable to certain defined back to school items should be continued and rescheduled for the third weekend of July each year as provided in Act 2017-120.

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

SECTION ONE. That section 34-1(b) of the Mobile City Code is hereby amended so that said section now reads in its entirety as follows:

(b) Covered items, as that term is defined herein, shall be exempt from paying municipal sales and use taxes during the period from 12:01 a.m. on the third Friday in July of each year and ending at 12 midnight the following Sunday. Items normally sold in pairs shall not be separated to qualify for the exemption provided herein.

SECTION TWO. That section 34-1(e) of the Mobile City Code is hereby amended so that said section now reads in its entirety as follows:

(e) The exemptions provided for in this section shall be first applied on the third Friday in July, 2017, and then on the third Friday in July of each year thereafter.

SECTION THREE. That section 34-1(f) of the Mobile City Code is hereby amended so that said section now reads in its entirety as follows:

(f) Notwithstanding subsection (e) of this section, this section shall be null and void and shall not become effective if the state sales tax holiday provided for in section 40-23-211 of the Code of Alabama, as amended by Act No. 2017-120, or as may hereafter be amended, is canceled, delayed or postponed beyond the third full weekend of July 2017, or repealed, or declared invalid or unconstitutional for any reason.

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

ORDINANCE TO AMEND THE FIRE CODE OF THE CITY OF MOBILE. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, April 25, 2017.

ORDINANCE: 22-017-2017

Sponsored by: Councilmembers Williams and Rich

AN ORDINANCE TO AMEND THE FIRE CODE OF THE CITY OF MOBILE

WHEREAS, the City has adopted the 2012 Edition of the International Fire Code, with certain amendments made thereto; and,

WHEREAS, the City desires to further amend the Fire Code to delete section D107 of Appendix D of the International Fire Code.

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

SECTION ONE. That section 22-2 of the Mobile City Code is hereby amended as follows:

The paragraph entitled 102.13 Appendices is hereby amended so that it now reads in its entirety 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.

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

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

Councilmember Richardson moved for the suspension of the rules to consider Consent Resolutions 03-218 – 58-220 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:

APPOINT ERIC BOYKIN TO THE ELECTRICAL EXAMINERS BOARD. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 03-218-2017

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Eric Boykin is appointed to the Electrical Examiners Board effective immediately for a term ending March 1, 2019.

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

APPOINT DR. DEMETRIUS STEELE TO THE MOBILE MUSEUM OF ART BOARD. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 03-219-2017

Sponsored by: Councilmember Manzie

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Dr. Demetrius Steele is appointed to the Mobile Museum of Art Board effective immediately for a term ending December 31, 2017.

The resolution was read by the City Clerk; whereupon Councilmember Manzie 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 #1561. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 58-220-2017

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 #1561 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 23rd day of May, 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 Manzie 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 54 NORTH CEDAR STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was held over for one (1) week until the regular meeting of Tuesday, April 25, 2017.

RESOLUTION: 40-227-2017

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 54 North Cedar 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 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 54 North Cedar Street described as:

LOT E/S OF CEDAR ST BEG 68 FT SLY OF SE COR OF CEDAR & ST MICHAEL STS HAVING A FRONT OF 53 FT ON CEDAR ST & BEING 58.5 FT DEEP #SEC 40 T4S R1W #MP29 06 40 0 010

Parcel #: 022906400010006

Last assessed to: Joseph Nicholas Reddick, Darnisha Reddick Boykin & Janice
1011 Houston Street
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.

APPROVE THE PROPOSED FY 17-18 CAPITAL IMPROVEMENT PLAN. The following resolution was held over for one (1) week until the regular meeting of Tuesday, April 25, 2017.

RESOLUTION: 60-228-2017

Sponsored by: City Council

WHEREAS, Fiscal Year 17-18 is Year 3 of a 3 Year $63 Million, capital program that offers the City of Mobile an unprecedented opportunity to address long neglected capital needs; and,

WHEREAS, to fully exploit this unique opportunity the City engaged a Program Manager to work with City staff and conduct a purposeful analysis of the City's capital needs, focusing on streets, sidewalks, parks, drainage structures, and other City improvements used by and for the benefit of the public; and,

WHEREAS, utilizing the Capital Project Prioritization Program, approved by Council Resolution 60-469, adopted August 11, 2015, City Staff, the Program Management Team, and Council identified the City's priorities, and prioritized projects for the third year of the City's 3 Year Capital Improvement Plan, and produced a Capital Improvement Plan for FY 17-18;

NOW, THEREFORE, BE IT RESOLVED, the City Council hereby approves the proposed FY 17-18 Capital Improvement Plan attached hereto.

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

Councilmember Richardson moved for the suspension of the rules to consider Consent Resolutions 21-221 and 21-223 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.

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH SUNRISE CONTRACTING SERVICES, INC., FOR RICKARBY PARK-SECURITY FENCE AND PARK FURNISHINGS, $16,150.00 (COM PROJECT NO. PR-118-17; C0069). The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 21-221-2017

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: Sunrise Contracting Services, Inc.

Project name: Rickarby Park - Security Fence and Park Furnishings

Project number: PR-118-17

Amount: $16,150.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Richardson, after comments from Councilmember Manzie 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 MICOR INC., D/B/A MDS CONSTRUCTION, FOR FRY PARK-BASKETBALL COURT RESURFACING AND PARK FURNISHINGS, $80,642.00 (COM PROJECT NO. PR-127-17; C0106). The following resolution was held over for one (1) week until the regular meeting of Tuesday, April 25, 2017.

RESOLUTION: 21-222-2017

Sponsored by: Councilmember Small 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: Micor Inc. d/b/a MDS Construction

Project name: Fry Park - Basketball Court Resurfacing and Park Furnishings

Project number: PR-127-17

Amount: $80,642.00

AUTHORIZE CONTRACT WITH MCCRORY & WILLIAMS, INC., FOR CONSTRUCTION INSPECTIONS OF SIDEWALK RAMPS AND IN-FILL SIDEWALKS ALONG DAUPHIN ISLAND PARKWAY BETWEEN LEVENE ROAD AND CEDAR PARK ROAD, $14,220.00 (CIP PROJECT #188). The following resolution was introduced by Councilmember Small.

RESOLUTION: 21-223-2017

Sponsored by: Councilmember Small and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and McCrory & Williams, Inc.; for construction inspections for the construction of sidewalk ramps and in-fill sidewalks along Dauphin Island Parkway between Levene Road and Cedar Park Road, 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.

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

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE AGREEMENT FOR THE ACCEPTANCE AND PROCESSING OF SOURCE SEPARATED RECYCLABLES WITH EMERALD COAST UTILITIES AUTHORITY, $125,000.00 (FOR PERIOD MAY 1, 2017-SEPTEMBER 30, 2019). The following resolution was held over for one (1) week until the regular meeting of Tuesday, April 25, 2017.

RESOLUTION: 01-224-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and Emerald Coast Utilities Authority, in the amount of revenue or expense determined by a referenced market price index for recyclable commodities, but not to exceed $125,000, for a period to begin May 1, 2017, and to expire on September 30, 2019, for the receipt and processing of City of Mobile recyclables 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.

AUTHORIZE CONTRACT WITH AMWASTE LLC FOR THE RENTAL OF EQUIPMENT TO COLLECT AND TRANSPORT RECYCLABLES, $900,000.00 (THREE YEAR PERIOD). The following resolution was held over for one (1) week until the regular meeting of Tuesday, April 25, 2017.

RESOLUTION: 21-225-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and Amwaste LLC, in the amount not to exceed $900,000, for a three-year period to begin May 1, 2017, for the rental of equipment to collect and the transportation of City of Mobile recyclables 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.

CALL FOR PUBLIC HEARING:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 2165 & 2167 OLD SHELL ROAD (SOUTH SIDE OF OLD SHELL ROAD AT THE SOUTHERN TERMINUS OF FRAZIER COURT) FROM R-1 TO R-2 (DISTRICT 1). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 41-226-2017

Sponsored by: Councilmember Richardson

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 Auditorium of Government Plaza, 205 Government Street, Mobile Alabama, on the 16th day of May, 2017, at 10:30 am. 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 18th day of April, 2017.

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:

LOT 1 OF THE PROPOSED OLD SHELL AT ASHLAND PLACE SUBDIVISION.

The classification of said property is hereby changed from R-1, Single-Family Residential District, to R-2, Two-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-2, Two-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-2, Two-Family District, until all of the conditions set forth below have been complied with: 1) completion of the Subdivision process; 2) 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.

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.

ANNOUNCEMENTS:

Councilmember Richardson stated a district one community meeting will be held Thursday, April 20, 2017, 6:00 p.m., at Forest Hill Elementary School.

Councilmember Richardson announced the groundbreaking for the Midtown Publix will be held on Friday, April 28, 2017, at 10:00 a.m.

Councilmember Richardson said he will be speaking at Franklin Street Baptist Church on Sunday, April 30, 2017, at 9:30 a.m.

Councilmember Richardson mentioned he will be the commencement speaker at Remington College’s graduation on Friday, April 28, 2017, at 7:00 p.m.

Councilmember Richardson asked everyone to join the fun at Creek Fest to be held at Tri-centennial Park on Saturday, May 13, 2017.

Councilmember Manzie thanked Cynthia Johnson with the Mobile Federated Women’s Club and Thomas Sullivan Community Center Director Mary Brown for their efforts in making the district two Easter egg hunt a success.

Councilmember Manzie thanked members of the Administration for attending his recent community meetings to answer citizens’ questions.

Councilmember Manzie recognized Pastor McFarland in the audience.

Councilmember Manzie advised he will be joined by Big Brothers Big Sisters of South Alabama, Mayor Stimpson and Commissioner Ludgood at George Hall Elementary School this Saturday for Comcast Cares Day. The goal is to create a new outdoor learning area for students.

Councilmember Manzie said he and AT&T are co-sponsoring a private screening for local students of “Hidden Figures” at the Regal Mobile Stadium 18 on April 19 and 20.

Councilmember Daves commented that last week’s Finance Committee meeting was a collaborative process between citizens, the Council and Administration to put the final touches on the 2017-2018 Capital Improvement Plan.

Councilmember Rich reported the Mobile Pop’s concert, held last weekend at Medal of Honor Park, was enjoyed by many. Another concert is planned for Saturday, May 27, 2017, at 7:00 p.m.

Councilmember Rich noted there will be a Volunteer Appreciation Day at the Connie Hudson Mobile Regional Senior Community Center on Wednesday, April 26, 2017, at 1:00 p.m.

Councilmember Rich provided an overview of last week’s Public Safety Committee meeting.

Councilmember Small stated the district three Easter egg hunt was enjoyed by many and thanked the volunteers and sponsors for making the event possible.

Councilmember Small recounted he attended sunrise Easter services at Pinecrest Cemetery and Rock of Faith Missionary Baptist Church.

Councilmember Small announced he will sponsor a business resource fair at Gilliard Elementary, Thursday, April 20, 2017, at 4:00 p.m.

Councilmember Small informed residents of a block party sponsored by the Mobile County Health Department on Friday, April 21, 2017, 3:00 – 6:00 p.m., at 2601 Dauphin Island Parkway.

Councilmember Williams thanked fellow Councilmember Manzie for his leadership with regard to historic preservation in district two.

Councilmember Williams declared a Veterans Administration clinic is being built on Rangeline Road. The clinic will service veterans from Mobile and Baldwin counties.

Councilmember Gregory commented that the Alabama Department of Transportation is moving closer to beginning work on the widening of Zeigler Boulevard.

Councilmember Gregory concluded that the CIP portion of re-surfacing projects is nearing completion. The County’s Pay-As-You-Go re-surfacing projects are to begin this summer.

The Presiding Officer adjourned the regular meeting at approximately 11:59 a.m.

Approved: April 25, 2017

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK






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