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 Jun 20, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, JUNE 20, 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 Tuesday, June 20, 2017, at 9:00 a.m.

Present:
Chairman: Gregory
Councilmembers: Richardson, Manzie, Small, Williams, Daves and Rich
Absent: None

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: June 27, 2017

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, JUNE 20, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, June 20, 2017, at 10:30 a.m., in regular meeting.

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

Dr. Ledell Cleveland, Jr., New Bayside Baptist Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Councilmember Gregory asked everyone to remain standing for a moment of silence in remembrance of long time City employee Jay Higginbotham and Down the Bay resident Thomas “Bobo” White.

Present on Roll Call:

Chairman: Gregory
Councilmembers: Richardson, Manzie , Small, Williams, Daves and Rich
Absent: None

NOTE: The next off-site City Council meeting will be held Tuesday, June 27, 2017, 6:00 p.m., at Burroughs Elementary School. The pre-Council meeting will be held at the normal time of 9:00 a.m. in the Council conference room on the ninth floor of the south tower of Government Plaza.

Councilmember Gregory invited Michael Mitchell to give the Council information regarding the Africatown Bridge Challenge 5K Run/Walk to be held Saturday, June 24, 2017.

Councilmember Gregory reminded citizens that Feed the Gulf Coast will provide free lunches to those in need at all City community centers until August 4.

Councilmember Gregory informed residents that the Distinguished Young Women participants have arrived in Mobile. The National Finals will be held on Saturday, July 1, 2017 at the Mobile Civic Center.

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 June 13, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

The Mayor was absent from the meeting.

ADOPTION OF THE AGENDA:

Councilmember Richardson moved to adopt the agenda, 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 agenda adopted as amended.

APPEALS:

The Council considered the request of Carlos L. Richardson, Sr., Victory Church, for a waiver of the Noise Ordinance at 658 Donald Street on July 6, July 7 and July 8, 2017, from 6:00 p.m. until 7:30 p.m. (District 1).

Councilmember Williams 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 James Ingram for a waiver of the Noise Ordinance at the 457 Charles Street on July 4, 2017, from 4:00 p.m. until 10:00 p.m. (District 2).

Councilmember Williams 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 Linda Bell for a waiver of the Noise Ordinance at 1763 Old Canal Street, Apartment 2A, on July 22, 2017, from 3:00 p.m. until 10:00 p.m. (District 2).

Councilmember Williams 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 Kalenski Adams, Opportunity 4 Entertainers and Performing Arts, for a waiver of the Noise Ordinance near the Mobile Downtown Alliance (261 Dauphin Street-between Jackson and Joachim Streets) on July 15, 2017, from 6:00 p.m. until 10:00 p.m. (District 2).

Spoke in favor of the appeal:

Kalenski Adams, 1111 East I-65 Service Rd., S., Suite 207
Melvin Jones, 1959 Summer Place Drive, North

Spoke in opposition of the appeal:

Patti B. McAhren, 2264 Fairway Drive
William Appliny, 2250 Howell Avenue

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

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

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

The Council considered the request of Kalenski Adams, Opportunity 4 Entertainers and Performing Arts, for a waiver of the Noise Ordinance at 2159 Halls Mill Road, D Nu Spot, on July 16, 2017, from 6:00 p.m. until 10:00 p.m. (District 3).

Councilmember Williams moved that the waiver be granted which motion was seconded by Councilmember Manzie, following comments from Councilmembers Daves, Small, Rich and Richardson the vote was as follows:

Ayes: Richardson, Manzie, Williams, Rich and Gregory
Nays: Daves
Abstained: Small

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

The Council considered the request of Gloria Sullivan for a waiver of the Noise Ordinance at 82 Burtonwood Drive on July 1 and July 2, 2017, from 2:00 p.m. until 10:00 p.m. (District 7).

Councilmember Williams moved that the waiver be granted which motion was seconded by Councilmember Manzie, following and the vote was as follows:

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

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

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT NORTHEAST CORNER OF AIRPORT BOULEVARD AND NORTH UNIVERSITY BOULEVARD FROM R-1 AND B-2 TO B-2 (DISTRICT 5).

The Presiding Officer announced that today was the day for the public hearing to rezone property at northeast corner of Airport Boulevard and North University Boulevard from R-1 and B-2 to B-2 and asked if there was anyone present to speak for or against this matter.

Pan American Engineers, LLC representative Ron Bordelon, 1717 Jackson Street, Alexandria, Louisiana, spoke on behalf of the applicant in favor 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.

AGENDA ITEMS:

None

NON-AGENDA ITEMS:

None

RESOLUTIONS HELD OVER:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR-CLASS I LICENSE TO REFLECTIONS ULTRA LOUNGE, 351 NORTH WATER STREET. 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 25, 2017, held over again until the regular meeting of May 24, 2017, and was held over once more until the regular meeting of June 20, 2017 was called up by the Presiding Officer.

RESOLUTION: 37-196-2017

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: Lounge Retail Liquor-Class I License

Submitted by: H & H Entertainment, LLC

Location: Reflections Ultra Lounge
351 North Water Street
Mobile, AL 36602

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution denied, which was seconded by Councilmember Daves, following comments by 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 denied.

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 which was introduced and read at the regular meeting of Tuesday, April 18, 2017 and held over until the regular meeting of April 25, 2017 and was held over again until the regular meeting of May 16, 2017, was held over once more until the regular meeting of June 20, 2017 was called up by the Presiding officer.

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.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be held over until the regular meeting of Tuesday, July 11, 2017, 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 held over.

AUTHORIZE CONTRACT WITH AMWASTE LLC FOR THE RENTAL OF EQUIPMENT TO COLLECT AND TRANSPORT RECYCLABLES, $900,000.00 (THREE YEAR PERIOD). The following resolution which was introduced and read at the regular meeting of Tuesday, April 18, 2017 and held over until the regular meeting of April 25, 2017 and was held over again until the regular meeting of May 16, 2017, was held over once more until the regular meeting of June 20, 2017 was called up by the Presiding officer.

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.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be held over until the regular meeting of Tuesday, July 11, 2017, which was seconded by Councilmember Manzie, following 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 resolution held over.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT NORTHEAST CORNER OF AIRPORT BOULEVARD AND NORTH UNIVERSITY BOULEVARD FROM R-1 AND B-2 TO B-2 (DISTRICT 5). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, June 27, 2017.

ORDINANCE: 64-024-2017

Sponsored by: Councilmember Daves

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE 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:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE CITY OF MOBILE, MOBILE COUNTY, ALABAMA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A ½” REBAR SET AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF UNIVERSITY BOULEVARD (PUBLIC RIGHT-OF-WAY VARIES) AND THE NORTHERLY RIGHT-OF-WAY OF AIRPORT BOULEVARD (PUNLICE RIGHT-OF-WAY VARIES);P THENCE ALONG SAID EASTERLY RIGHT-OF-WAY OF UNIVERSITY BOULEARD WITH CURVE TO THE RIGHT, HAVING A RADIUS OF 84.82 FEET, AN ARC LENGTH OF 32044 FEET, A CHORD WHICH BEARS NORTH 54°46’37” WET, A DISTANCE OF 32.24 FEET TO A ½ REBAR SET; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 108.88 FEET, AN ARC LENGTH OF 6924 FEET, A CHORE WHICH BEARS NORTH 22°34’05” WEST, A DISTANCE OF 68.08 FEET T A ½” REBAR SET; THENE WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 10,780.88 FEET, AN ARC LENTTH OF 90.36 FEET, A CHORE WHICH BEARS NORTH 16°19’34’ EAST A DITANCE OF 90.36 FEET TO A ½” REBAR SET; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 900.00 FEET, AN ARC LENGTH OF 7.75 FEET, A CHORE WHICH BEARS NORTH 15°50’21” EAST, A DITANCE OF 7.75 FEET TO A ½ REBAR SET; THENCE NORTH 57°19’46” EAST, A DISTANCE OF 30.65 FEET TO A HOLE FOUND IN CONCRETE CURB THENCE NORTH 90°00’00” EAST, A DISTANCE OF 199.31 FEET TO A HOLE FOUND IN CONCRETE CURB; THENCE SOUTH 45°00’00” EAST, A DISTANCE OF 13.40 FEET TO A HOLE FOUND IN CONCRETE; THENCE SOUTH 00°00’00” EAST, A DISTANCE OF 180.32 FEET TO A HOLE FOUND IN CONCRETE ON THE AFOREMENTIONED NORTHERLY RIGHT-OF-WAY OF AIRPORT BOULEVARD THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY NORTH 89°18’59” WEST, A DISTANC OF 67.39 FEET TO A ½” REBAR SET; THENCE SOUTH 00°15’40” WEST, A DISTANCE OF 1.50 FEET TO A ½” REBAR SET; THENCE SOUTH 89°50’19” WEST, A DISTANCE OF 100.83 FEET TO A ½” REBAR SET; THENCE SOUTH 89°50’19” WEST, A DISTANCE OF 100.83 FEET TO A ½” REBAR SET; THENCE WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.48 FET, A CHORE WHICH BEARS NORTH 45°06’28” WEST A DISTANCE OF 35.51 FEET TO A ½” REBAR SET; THENCE SOUTH 00°01’49” WEST , A DISTANCE OF 14.84 FEET TO THE TRUE POINT OF BEGINNING.
SAID TRACT OR PARCEL OF LANE CONTAINING AN AREA OF 48,791.10 SQUARE FEET OR 1.1201 ACRES, MORE OR LESS.

The classification of said property is hereby changed from R-1, Single-Family Residential District and B-2, Neighborhood Business 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 to 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 to B-2, Neighborhood Business District, until all of the conditions set forth below have been complied with:

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

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

Councilmember Richardson moved for the suspension of the rules to consider Consent Resolutions 03-374 through 58-365, with the exception of 37-361, 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 RUFUS HUDSON TO THE CITY OF MOBILE CITIZENS’ BUDGET AND FINANCE ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 03-374-2017

Sponsored by: Councilmember Manzie

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Rufus Hudson is re-appointed to the City of Mobile Citizens' Budget and Finance Advisory Committee effective immediately for a term ending November 1, 2017.

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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A NON-PROFIT TAX EXEMPT LICENSE FOR 2017 RED, WHITE AND BULLS RODEO, 1035 NORTH CODY ROAD. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 37-359-2017

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following application to the Alabama Alcoholic Beverage Control Board of the State of Alabama, is hereby recommended for grant of such license by said Board.

Type of application: Non-Profit Tax Exempt License

Submitted by: Greater Gulf State Fair, Inc.

Location: 2017 Red, White and Bulls Rodeo
1035 North Cody Road
Mobile, AL 36608

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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LICENSE FOR THE BISTRO AT COURTYARD MOBILE, 1000 WEST I-65 SERVICE ROAD SOUTH. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 37-360-2017

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: Restaurant Retail License

Submitted by: Hit Portfolio I 8PK MBGL 1000TRS. LLC

Location: The Bistro at Courtyard Mobile
1000 West 1-65 Service Road South
Mobile, AL 36609

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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL-CLASS I LIQUOR LICENSE FOR THE GARAGE, 9 SOUTH WASHINGTON AVENUE. The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 27, 2017.

RESOLUTION: 37-361-2017

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: Lounge Retail Liquor-Class I License

Submitted by: Junk, Inc.

Location: The Garage
9 South Washington Avenue
Mobile, AL 36602

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LICENSE FOR TAQUIERIA CANCUN MEXICAN RESTAURANT, 3201 AIRPORT BOULEVARD, SUITE L003. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 37-362-2017

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: Restaurant Retail Liquor License

Submitted by: Taqueria Cancun Mexican Restaurant, LLC

Location: Taqueria Cancun Mexican Restaurant
3201 Airport Boulevard, Suite LOO3
Mobile, AL 36606

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

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

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

DECLARE WEEDS NOXIOUS, GROUP #1563. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 58-363-2017

A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEVVA.KS 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:

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 #1563, 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 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 25th day of July, 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.

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1554. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 58-364-2017

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

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group No. 1554 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description: and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

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

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.

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1522. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 58-365-2017

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

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group No. 1522 shall constitute special assessments against such respective parcels of land and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

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

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

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 CIP Resolutions 21-366 and 21-368 being introduced for the first time. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the item.

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH BARTER & ASSOCIATES, INC. FOR LADD-PEEBLES STADIUM-STRUCTURAL REPAIRS-PHASE I, $18,000.00 (2016 CIP #97, CITY-WIDE; PR-2016-17; CO250). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 21-366-2017

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: Barter & Associates, Inc.

Project name: Ladd-Peebles Stadium - Structural Repairs - Phase I

Project number: PR-216-17

Amount: $18,000.00

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 TAG/THE ARCHITECT GROUP, INC. FOR DOG RIVER PARK IMPROVEMENTS, $56,871.00 (CO286; PR-116-17; 2017 CIP #’S 273, 274, 275, 276, 280, 284; D4). The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 27, 2017.

RESOLUTION: 21-367-2017

Sponsored by: Councilmember Williams and Mayor Stimpson

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

Project name: Dog River Park Improvements

Project number: PR-116-17

Name of company: TAG/The Architect Group, Inc.

Amount: $56,871.00

AMEND CONTRACT WITH WATKINS ACY STRUNK DESIGN, INC. FOR HARMON PARK PLAYGROUND-ARCHITECTURAL DESIGN SERVICES, $8,619.00 (2017 CIP #112; D2; PR-115-17; CO203). The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 21-368-2017

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, an amendment to the contract, Harmon Park Playground - Architectural Design Services between the City of Mobile and Watkins Acy Strunk Design, Inc., for work as outlined in the contract amendment attached hereto and made a part hereof as though set forth in full. A copy of said amendment is on file in the office of the City Clerk.

Project name: Harmon Park Playgroud-Architectural
Design Services - AMENDMENT

Project number: PR-115-17

Amount: $8,619.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, following 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.

RESOLUTIONS BEING INTRODUCED:

REALLOCATE $2,500.00 FROM DSC-04; DISTRICT 4 DISCRETIONARY ACCOUNT, GENERAL FUND ACCOUNT NUMBER 10041020.42080 TO GENERAL FUND ACCOUNT NUMBER 10040560.42200, GENERAL FUND DEPARTMENT 0560, MOBILE MUSEUM OF ART, FOR EDUCATIONAL OUTREACH. The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 27, 2017.

RESOLUTION: 09-369-2017

Sponsored by: Councilmember Williams and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $2,500.00 be transferred from the General Fund, District 4 Discretionary DSC-04, 10041020.42080, to the General Fund Department 0560, Mobile Museum of Art, 10040560.42200. The funds are being transferred to be used to enable educational outreach.

REALLOCATE $2,500.00 FROM DSC-06; DISTRICT 6 DISCRETIONARY ACCOUNT, GENERAL FUND ACCOUNT NUMBER 10041020.42080 TO GENERAL FUND ACCOUNT NUMBER 10040560.42200, GENERAL FUND DEPARTMENT 0560, MOBILE MUSEUM OF ART, FOR EDUCATIONAL OUTREACH. The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 27, 2017.

RESOLUTION: 09-370-2017

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $2,500.00 be transferred from the General Fund, District 6 Discretionary Account DSC-06; 10041020.42080, to the General Fund Department 0560, Mobile Museum of Art, 10040560.42200. The funds are being transferred to be used to enable educational outreach.

AUTHORIZE PURCHASE OF PROPERTY AT 1453 NAVCO ROAD NEEDED BY THE CITY ENGINEERING DEPARTMENT, $30,000.00 PLUS CLOSING COSTS. The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 27, 2017.

RESOLUTION: 42-371-2017

Sponsored by: Councilmember Small and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CITY OF MOBILE that:

THE CITY OF MOBILE does hereby accept the deed, when prepared, from Mary Burke Clinton, 1453 Navco Rd., more particularly described as: Lot 1 McRae's 4th Addition Resubdivision of Lot 2 MB 63, Page 89.

SAID DEED is by reference made a part of this resolution as fully as if set forth herein and on file in the office of the City Clerk and in the office of the Real Estate Officer of the City of Mobile.

THE MAYOR AND THE CITY CLERK are hereby authorized and directed to execute and attest, respectively, for and in the name and on behalf of the City of Mobile, the attached Purchase Agreement for the property shown above.

BE IT FURTHER RESOLVED THAT:

The Real Estate Officer of the City of Mobile is hereby authorized and directed to negotiate, and in the name and on behalf of the City of Mobile whatever supporting documents, closing statements, or other ancillary forms necessary to complete the transaction and:

The Executive Director of Finance is authorized and directed to issue a check in the amount of $30,000.00, plus closing costs, to Mary Burke Clinton and forward said check to the City of Mobile Real Estate Officer for delivery when the closing date is set.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO CONSIDER THE APPLICATION OF DEREK TUCKER D/B/A DEREK TAXI AND TRANSPORTATION FOR A TAXI/SEDAN SERVICE. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 41-372-2017

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

NOTICE OF HEARING ON PROPOSED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A TAXI/SEDAN SERVICE

Notice is hereby given that the City Council of Mobile, Alabama, proposes to consider the application of Derek Tucker d/b/a Derek Taxi and Transportation for a Certificate of Public Convenience and Necessity to operate a taxi/sedan service in the City of Mobile. The adoption of such Certificate will be considered by the City Council in the Auditorium of the Mobile Government Plaza located at 205 Government Street, Mobile, Alabama, on Tuesday, the 5th day of July, 2017, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to or in favor of the proposed resolution.

Councilmember Rich then moved to call for the public hearing, which move 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 whereupon the Presiding Officer set the date for the public hearing as Tuesday, July 5, 2017.

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 3450 GIRBY ROAD (NORTH SIDE OF GIRBY ROAD, 160 ± EAST OF HILLCREST ROAD) FROM B-1 AND B-3 TO B-1 (DISTRICT 6). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 41-373-2017

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 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 18th day of July, 2017, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that bought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 20th day of June, 2017.

Councilmember Rich then moved to call for the public hearing, which move 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 whereupon the Presiding Officer set the date for the public hearing as Tuesday, July 18, 2017.

ANNOUNCEMENTS:

Councilmember Richardson reported great attendance at the Trinity Gardens community meeting held last Thursday.

Councilmember Richardson advised he will be speaking at the Union Passenger Terminal in New Orleans, Louisiana, this Saturday to advocate for passenger rail service in Mobile.

Councilmember Small reported that last Saturday he presented Nick Fairley with a proclamation in honor of the youth football camp the Mobile native and New Orleans Saints player sponsors at Ladd-Peebles Stadium.

Councilmember Small stated a district three community meeting will be held on Thursday June 29, 2017, 6:00 p.m., at Fulton Road Baptist Church.

Councilmember Rich thanked Public Safety Director James Barber, Mobile Police Chief Lawrence Battiste and Mobile Fire-Rescue Department Chief Mark Sealy for attending the district six community meeting last Thursday to answer public safety questions.

Councilmember Rich announced the Public Safety Committee will meet Tuesday, July 18, 2017 at 2:00 p.m. to discuss policy and procedures regarding police officer body cameras.

Councilmember Daves stated a district five community meeting will be held Tuesday, August 1, 2017, 6:00 p.m., at St. Pius X Catholic Church. Public Safety Director James Barber and Public Works Director Bill Harkins have been invited.

Councilmember Daves expressed he was inspired by the youth he met at the Boys and Girls Clubs of South Alabama Youth of the Year luncheon he attended with Councilmember Richardson.

Councilmember Williams announced the last off-site Council meeting will be held on Tuesday, June 27, 2017, 6:00 p.m., at Burroughs Elementary School.

Councilmember Williams encouraged citizens to have patience with the Mobile Police Department’s implementation of body cameras.

Councilmember Manzie said the City is working to make rides on Ann Street smoother until resources can be identified for a permanent solution.

Councilmember Manzie expressed he is proud the Administration accepted his challenge to create a department focusing on youth services by establishing the YES Initiative which offers employment opportunities for the youth in Mobile.

Councilmember Manzie thanked Mobile Gas for dedicating Caldwell Field as a passive greenspace for residents to enjoy.

Councilmember Gregory announced that the Council will meet on Wednesday, July 5 because of the Independence Day holiday.

Councilmember Gregory noted that the Market in the Park at Lavretta Park will run through July 27, 2017. The hours will be every Thursday afternoon from 3:00 p.m. – 6:00 p.m.

The Presiding Officer adjourned the regular meeting at approximately 12:16 p.m.

Approved: June 27, 2017

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK








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