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 Jul 05, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 5, 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, July 5, 2017, at 9:00 a.m.

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

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

The Presiding Officer adjourned the meeting.

Approved: July 11, 2017

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
ASSISTANT CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, JULY 5, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, July 5, 2017, at 10:30 a.m., in regular meeting.

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

Reverend Leroy Lampkins, Berean Baptist Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

STATEMENT OF RULES BY COUNCIL PRESIDENT:

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

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

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

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

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

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

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

APPROVAL OF MINUTES:

The minutes of the meeting of June 27, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson presented Mobile Fire-Rescue Captain Samuel Adams with a Certificate of Recognition naming him Firefighter of the Month.

Mayor Stimpson reported a great crowd enjoyed spectacular fireworks at the City’s 4th of July celebration held at Cooper Riverside Park.

Mayor Stimpson announced that tomorrow he, along with the City Council and members of the bicycle community, will unveil the first of the new bicycle safety signs.

Mayor Stimpson stated Friday he, along with the YES Initiative interns, will meet with the most recent additions to the community partners that have agreed to become YES Zone participants.

MONTHLY FINANCE REPORT:

Executive Director of Finance Paul Wesch stated:

“Good morning. I will report to you once again that the City’s revenues are not where they need to be, but the City’s expenditures are where they do need to be. A little bit of good news; more recently while our sales taxes have been falling, as compared to budget, we actually have improved in that our same period sales taxes are up over the recent past as opposed to where they were the first of the year when we fell behind in both budget and 2016 totals. We are about 4.5% down for the year in sales taxes and down about 2.5% in revenues from all sources through the year. We are also down in expenditures by about $9 million through the year so far; which is about 10.5% under budget in all departments. We are actually under budget a little more than that if you include non-departmental. Those figures can vary throughout the year, so we really look at departmental expenditures as a sign of budgetary control. I think we are where we need to be. We are slightly ahead of schedule looking at the budget overall.”

“Something interesting happened a couple of weeks ago that I wanted to mention to you. You probably saw that Amazon had published their Notice of Intent to acquire Whole Foods. Under what we believe the law to be if Amazon pursues a joint marketing plan with Whole Foods, which they have said will do, Amazon will be able to use Whole Foods locations to conduct some of their sales activities. Amazon will no longer be eligible to be a simplified seller use tax payer and they would drop out of that category that allows them to actually pay 8% sales taxes, 2% of which comes to municipalities as opposed to 5% that we collect from brick and mortar sales. This would include all of their online sales. We don’t know what percentage of sales Amazon has because the State will not report it to us, but we believe it is huge. So many people are now complete Amazon buyers. If Amazon is successful, once that occurs we should see somewhat of an improvement in our sales tax receipts. I look forward to seeing those of you who can attend the Citizens’ Budget and Finance Committee meeting today. I will be happy to answer any questions.”

Councilmember Daves:

“Paul going back to the revenue numbers, year to date revenues from all sources versus prior year to date what is that comparison? You said they were down, but I wasn’t sure if you meant down versus last year or down versus budget?”

Mr. Wesch:

“They are not down versus last year. I do not have that total here, but we would have predicted a 3% change and we had a 2.5% change.”

Mr. Daves:

“Maybe a .5% increase over the last year?”

Mr. Wesch:

“Yes.”

Councilmember Rich:

“Has the Administration thought about Airbnb?”

Mr. Wesch:

“They are liable for the payment of taxes. Where we can find them, and they’re not always easy to find, our audit division will audit and tax. They are not exempt from a tax, which is a common misconception.”

Mrs. Rich:

“We don’t have to write something like we did with Uber?”
Mr. Wesch:

“That is correct.”

Mrs. Rich:

“There is a web site that tracks the number of parcels you have in your community and we are listed as having ninety-one. I think it’s only fair since we are in the convention industry and we market so much.”

Mr. Wesch:

“I’ll put an eye on that and find out exactly what our audit activity has been. Our audit department is extremely creative in how they find tax payers who attempt to avoid sales or lodging taxes.”

ADOPTION OF THE AGENDA:

Councilmember Richardson moved to adopt 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 Assistant City Clerk whereupon the Presiding Officer declared the agenda adopted.

APPEALS:

The Council considered the request of Charlie Hardin for a waiver of the Noise Ordinance at 2418 St. Stephens Road on July 29, 2017, from 5:00 p.m. until 10:00 p.m. (District 1).

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

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

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

The Council considered the request of Shirley Edwards for a waiver of the Noise Ordinance at 1200 Alba Street on July 22, 2017, from 11:00 a.m. until 5:00 p.m. (District 3).

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

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

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

The Council considered the request of Stephanie James for a waiver of the Noise Ordinance at 1706 Parkway Drive on July 8, 2017, from 5:00 p.m. until 11:00 p.m. (District 4).

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

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

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

PUBLIC HEARINGS:

PUBLIC HEARING TO CONSIDER THE APPLICATION OF DEREK TUCKER D/B/A DEREK TAXI AND TRANSPORTATION FOR A TAXI/SEDAN SERVICE.

The Presiding Officer announced that today was the day for the public hearing to consider the application of Derek Tucker d/b/a Derek Taxi and Transportation for a taxi/sedan service and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

Fox 10 News Director Scott Flannigan, 1501 Satchel Paige Drive, addressed the Council with his concerns regarding Resolution 60-404.

NON-AGENDA ITEMS:

Velma Dale Jackson, 1552 Jay Drive, spoke to the Council about police body cameras and youth violence.

RESOLUTIONS HELD OVER:

AUTHORIZE CONTRACT WITH M. GAY CONSTRUCTORS, INC. FOR HARMON PARK-BALL FIELD LIGHTING IMPROVEMENTS, $118,500.00 (2017 CIP #109, D2; PR-102-17; CO203). The following resolution which was introduced and read at the regular meeting of Tuesday, June 27, 2017 and held over until the regular meeting of July 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-390-2017

Sponsored by: Councilmember Manzie and Mayor Stimpson

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

Name of company: M. Gay Constructors, Inc.

Project name: Harmon Park - Ball Field Lighting Improvements

Project number: PR-102-17

Amount: $118,500.00

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

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

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

AUTHORIZE CONTRACT WITH SIMPLEXGRINNELL FOR MOBILE CRUISE TERMINAL-BACKFLOW PREVENTER INSULATION, $7,714.00 (CT-017-16; CO259). The following resolution which was introduced and read at the regular meeting of Tuesday, June 27, 2017 and held over until the regular meeting of July 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-392-2017

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: SimplexGrinnell

Project number: CT-017-16

Project came: Mobile Cruise Terminal - Backflow Preventer Insulation

Amount: $7,714.00

The resolution was read by the Assistant 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 and Gregory
Nays: None

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

AUTHORIZE CONTRACT WITH MOBILE ASPHALT COMPANY, INC. FOR 2016 PAYGO-COUNTY COMMISSION, DISTRICT 1 & 3, $1,899,188.70 (PROJECT NO. 2017-3005-02; CO118). The following resolution which was introduced and read at the regular meeting of Tuesday, June 27, 2017 and held over until the regular meeting of July 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-393-2017

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 set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the office of the City Clerk.

Name of company: Mobile Asphalt Company, LLC

Project name: 2016 PAYGO - County Commission, Districts 1 & 3

Project No.: 2017-3005-02

Estimated cost: $1,899,188.70

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

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

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

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE FUNDING FROM THE DOJ FY17 COPS HIRING PROGRAM (CHP) GRANT, $2,083,614.75 (GRANT FUNDS $1,562,711.06; CITY MATCH $520,903.69 OVER THREE YEARS OR $173,634.56 PER YEAR). The following resolution which was introduced and read at the regular meeting of Tuesday, June 27, 2017 and held over until the regular meeting of July 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 31-394-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S. Department of Justice, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $2,083,614.75 for the DOJ COPS Hiring Program (CHR) grant.

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

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

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

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

Councilmember Richardson moved for the suspension of the rules to consider Consent Resolutions 03-414 through 60-404being 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 PAIGE MILLER (D1) AND DENISE MOFFETT (D3) TO THE MOBILE CITY-COUNTY YOUTH COUNCIL. The following resolution was introduced by Councilmember Small.

RESOLUTION: 03-414-2017

Sponsored by: Councilmembers Richardson and Small

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Paige Miller (D1) and Denise Moffett (D3) are hereby appointed to the Mobile City-County Youth Council effective immediately.

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

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

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

GIVE NOTICE OF MUNICIPAL ELECTION TO BE HELD AUGUST 22, 2017, FOR MAYOR AND CITY COUNCIL. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 27-398-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that pursuant to the provisions of Section 11-46-22, Code of Alabama, 1975, as amended, the places at which voting will be conducted in the Municipal Election to be held on Tuesday, August 22, 2017, are hereby established to comply with the Notice of Election given by the Mayor on July 5, 2017, which said Notice of Election is in form as follows:

NOTICE OF ELECTION OF MUNICIPAL OFFICERS

Notice is hereby given that on Tuesday, August 22, 2017, an election for the purpose of electing a Mayor and City Council for the following Council Districts: District Number I, District Number 2, District Number 3, District Number 4, District Number 5, District Number 6, and District Number 7, for the City of Mobile, Alabama, will be held and that all registered and qualified electors of the state, who reside within the corporate limits of Mobile, Alabama, and have resided therein for 30 days or more immediately preceding the date of the election, and who are qualified to vote in the county precinct which embraces and covers that part of the corporate limits of the City of Mobile, Alabama, in which the elector resides, will be authorized to participate in the election. The polls will be opened from 7:00 a.m. to 7:00 p.m. in the following locations:

WARD NO. VOTING CENTER

1-1 Centerpointe Assembly of God Church, 1375 W. 1-65 Service Road N.
1-2 Dotch Community Center, 3100 Banks Avenue
1-3 Figures Park Community Center, 658 Donald Street
1-4 New Shiloh Missionary Baptist Church, 2756 Old Shell Road
1-5 Kiwanis Boys & Girls Club of Mobile, 712 Rice Street

2-1 Springhill Avenue Community Center, 1151 Springhill Avenue
2-2 Bishop State Community College, 351 N. Broad Street
2-3 Thomas Sullivan Community Center, 351 N. Catherine Street
2-4 Plateau Community Center, 850 Edwards Street,
2-5 James Seals Community Center, 540 Texas Street
2-6 VIA! Mary Abbie Berg Senior Center, 1717 Dauphin Street
2-7 St. John's Episcopal Church, 1707 Government Street

3-1 Rock of Faith Missionary Baptist Church, 1105 S. Ann Street
3-2 St. Monica's Catholic Church, 1131 Dauphin Island Parkway
3-3 Gilliard Elementary School, 2757 Dauphin Island Parkway
3-4 Fulton Road Baptist Church, 1800 Dauphin Island Parkway
3-5 Riverside Baptist Church, 3130 Dauphin Island Parkway
3-6 Eichold Mertz Elementary School, 2815 Government Boulevard

4-1 Tree of Life Christian Church, 4548 Halls Mill Road
4-2 Christ Anglican Church, 3275 Halls Mill Road
4-3 The Mug Cafe, 5817 Grelot Road
4-4 First Baptist Church of Theodore, 7125 Bellingrath Road, Theodore
4-5 Kate Sheppard School, 3980-B Burma Road
4-6 Dodge Elementary School, 2651 Longleaf Drive

5-1 E. R. Dickson School, 4645 Bit «& Spur Road
5-2 City Church of Mobile, 3750 Michael Boulevard
5-3 Westminster Presbyterian Church, 2921 Airport Boulevard
5-4 Three Circle Church-Midtown, 150 S. Sage Avenue
5-5 Apostolic Church of God, 4050 Cottage Hill Road
5-6 Holy Cross Lutheran Church, 3900 Airport Boulevard

6-1 Hillcrest Baptist Church, 1204 Hillcrest Road
6-2 Our Savior Catholic Church, 1801 S. Cody Road
6-3 Mobile Regional Senior Community Center, 3201 Hillcrest Road
6-4 Ahavas Chesed Synagogue, 705 Regents Way

7-1 Moffett Road Assembly of God Church, 6159 Moffett Road
7-2 Mobile Museum of Art, 4850 Museum Drive
7-3 Friendship Missionary Baptist Church, 545 North Cody Road
7-4 St. John United Methodist Church, 6215 Overlook Road

If necessary, a run-off election will be held on October 3, 2017.

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

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

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

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE FUNDING FROM THE 2017 NRPA/WALMART HEALTHY OUT-OF-SCHOOL TIME GRANT FOR $35,000.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 31-399-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S. Department of Justice, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $35,000.00 for the 2017 NRPAA/Walmart 2017 Healthy Out-of-School Time Grant.

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 Assistant 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 and Gregory
Nays: None

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

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE FUNDING FROM THE FIRST RESPONDERS-COMPREHENSIVE ADDICTION AND RECOVERY ACT (FR-CARA) GRANT FOR $800,000.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 31-400-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S. Department of Justice, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $800,000.00 for the First Responders - Comprehensive Addiction and Recovery Act (FR-CARA).

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

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

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

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE FUNDING FROM THE PLAY SPACES GRANT FOR $50,000.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 31-401-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor Is authorized to apply, accept and receive from the U.S. Department of Justice, a Notice of Award and Memorandum of Agreement for grant assistance In the approximate amount of $50,000.00 for the Play Spaces Grant.

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR SAI THEODORE EXXON, 5895 U. S. HIGHWAY 90 WEST. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 37-402-2017

Sponsored by: Councilmember Williams

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: Minish, LLC

Location: Sai Theodore Exxon
5895 U. S. Highway 90 West
Theodore, AL 36582

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

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

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

AUTHORIZE REMOVAL OF WEEDS, GROUP #1562. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-403-2017

A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHALL BE OVERRULED TO THE REMOVAL OF NOXIOUS OR DANGEROUS WEEDS ON OR IN FRONT OF CERTAIN PARCELS OF LAND.

WHEREAS, notice has been duly given and posted at least five days prior to the date of this resolution in the manner provided by law offering full opportunity to all interested parties to object to the removal of noxious or dangerous weeds on the hereinafter described parcels of land, and the City Council of Mobile having held such public hearing in connection with the notices given and no objections having been filed or made by any of the interested parties; and

WHEREAS, Parcels Nos. 1 through 20 described in the resolution adopted on the 30th day of May, 2017, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.

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

SECTION 1. It is hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property:

PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED:

Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 20, as described in the resolution adopted on the 30th day of May, 2017, and entitled: "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."

(Lot Cleaning Liens, Group No. 1562, on file in the office of the City Clerk).

SECTION 2. The employees of the City of Mobile assigned to the work required by this resolution are hereby expressly authorized to enter upon such described pieces of property for the purpose of removing the weeds authorized by this resolution to be removed. The owner of any of the above described pieces of property shall have the right to remove the weeds ordered by this resolution to be removed from this property provided such removal is done prior to the arrival of the employees of the City of Mobile against his property by reason of any action taken hereunder. An accurate account of the costs with respect to each piece of property shall be kept by the employees of the City of Mobile covering the costs of removing such weeds in front of or in front of or on each separate lot or parcel of land where the work is done by the City of Mobile or its employees, and promptly thereafter an itemized report in writing shall be made to the City Council showing such costs with respect to each separate lot or parcel of land but before the report is submitted to the City Council a copy of the itemized costs with respect to each such lot or parcel of land shall be posted for at least three days prior to such report on the door of the Council Chamber at the City Hall of Mobile, Alabama, together with a notice of the time when the report will be submitted to the City Council for confirmation.

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

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

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

AUTHORIZE THE MAYOR TO SEEK AN OPINION FROM THE ALABAMA ATTORNEY GENERAL REGARDING PRODUCING BODY CAMERA FOOTAGE OF AN INCIDENT INVOLVING A MINOR AND DISCLOSURE OF INTERNAL POLICE BODY CAMERA FOOTAGE POLICIES. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 60-404-2017

Sponsored by: Mayor Stimpson

WHEREAS, the City of Mobile wishes to adequately and appropriately balance the government's interest in protecting all evidence subject to an ongoing police investigation with the public's right to information and transparency in its police department; and

WHEREAS, it has come to the attention of the City that there is uncertainty under the current state of the law as to the public's right to view and/or obtain copies of police body camera footage under the Alabama Open Records Act, Ala. Code § 36-12-40, et seq., where such footage is part of an ongoing police investigation; and

WHEREAS, it has further come to the attention of the City that there is no current law directly addressing the extent to which the Mobile Police Department must disclose its internal policies regarding the disclosure of police body camera footage.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the Mayor be, and he hereby is, authorized to seek an Opinion from the Attorney General on the following issues:

1. Does a police department have an obligation under the Alabama Open Records Act, Ala. Code § 36-12-40, et seq., to produce body camera footage of an incident where-the incident involves a minor and is subject to an ongoing police investigation?

2. Does a police department have an obligation under the Alabama Open Records Act, Ala. Code § 36-12-40, et seq., to disclose its internal policies regarding policy body camera footage, including disclosure of the same, and if so, to what extent?

The City Council further resolves that the Mobile Police Department shall make no disclosure to the public of or relating to body camera footage that is subject to an ongoing police investigation until the Attorney General has spoken to the issue of disclosure and the applicability of Ala. Code § 36-12-140, et seq. to the same.

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

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

The vote was then announced by the Assistant 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 21-405 and 21-406 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 AMERICAN TENNIS COURTS, INC. FOR COPELAND-COX TENNIS CENTER-PLAYER SHADE CABANAS, $62,329.00 (2017 CIP #461, D7; PR-182-17; CO249). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 21-405-2017

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: American Tennis Courts, Inc.

Project name: Copeland-Cox Tennis Center - Player Shade Cabanas

Project number: PR-182-17

Amount: $62,329.00

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

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

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

AUTHORIZE CONTRACT WITH CHRISTIAN PREUS LANDSCAPE ARCHITECTURE TO DEVELOP A MASTER PLAN FOR JOE BAILEY PARK, $15,500.00 (CIP #C0148, D5). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 21-406-2017

Sponsored by: Councilmember Daves 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, the professional services contract by and between the City of Mobile and Christian Preus Landscape Architecture for the project: Joe Bailey Park Master Plan. A copy of said professional services contract is on file in the office of the City Clerk.

The resolution was read by the Assistant City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Rich, following comments from Councilmember Daves the vote was as follows:

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

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

RESOLUTIONS BEING INTRODUCED:

RE-ALLOCATE $7,645.99 FROM CAPITAL PROJECT CO162-LADD PEEBLES STADIUM-TURF REPAIRS IN THE ALABAMA MUNICIPAL TRUST FUND TO CAPITAL PROJECT CO250-LADD STADIUM RENOVATIONS & REPAIRS. The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 11, 2017.

RESOLUTION: 09-407-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $7,645.99 be reallocated from Capital Project C0162-LADD PEEBLES STADIUM-TURF REPAIRS in the Alabama Municipal Trust Fund to Capital Project C0250-LADD STADIUM RENOVATIONS & REPAIRS.

AMEND CONTRACT WITH AECOM TECHNICAL SERVICES, INC. TO PROVIDE ADDITIONAL ENGINEERING SERVICES FOR BALTIMORE STREET AND DRAINAGE REHABILITATION COM PROJECT NO. 2016-202-17, ADD $15,000.00 (CDBG-IDIS 2924). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 11, 2017.

RESOLUTION: 21-408-2017

Sponsored by: Councilmember Small and Mayor Stimpson

WHEREAS, the City entered into a contract dated January 19, 2016 with AECOM Technical Services, Inc. for design engineering services on the project known as Baltimore St., Street and Drainage Rehabilitation, C.O.M. Project No. 2016-202-17.

WHEREAS, at the time the contract was entered into it was estimated that the construction cost would be $4,700,000.00, and the estimated design engineering fees based on the contract were estimated to be $235,000.00; and

WHEREAS, during design the need for water and sanitary sewer improvements and/or modernization were identified and requested by Mobile Area Water & Sewer System, and the additional estimated design cost, based on the design contract requirements, is $15,000.00; and

WHEREAS, the revised construction project cost is estimated to be $5,000,000 and professional engineering fees are being adjusted to properly compensate AECOM Technical Services, Inc. in accordance with the standard fee schedule used in City of Mobile Professional Services Contracts, thereby increasing professional design engineering fees by $15,000.00 to a total of $250,000.00; and

WHEREAS, the contract provides on Page 10 (V,A,1, g) that the "Total fees for professional engineering services for this contract shall not exceed $235,000.00 unless authorized by the COUNCIL";

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 $15,000.00, for a total of $250,000.00, to be paid to AECOM Technical Services, Inc. for engineering services on the Baltimore St., Street and Drainage Rehabilitation Project.

AUTHORIZE CONTRACT WITH THOMPSON ENGINEERING, INC. FOR CRICHTON FIRE STATION-CONSTRUCTION MATERIALS TESTING, $13,500.00 (FD-131-16; CO098). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 11, 2017.

RESOLUTION: 21-409-2017

Sponsored by: Councilmember Richardson 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: Thompson Engineering, Inc.

Project name: Crichton Fire Station - Construction Materials Testing

Project number: FD-131-16

Amount: $13,500.00

AUTHORIZE CONTRACT WITH SOUTHERN EARTH SCIENCES, INC. FOR 2016 PAYGO-COUNTY COMMISSION DISTRICTS 1 & 3, $28,500.00 (PROJECT NO. 2017-3005-02; CO118). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 11, 2017.

RESOLUTION: 21-410-2017

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 set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the office of the City Clerk.

Name of company: Southern Earth Sciences, Inc.

Project name: 2016 PAYGO - County Commission Districts 1 & 3

Project no.: 2017-3005-02

Estimated cost: $28,500.00

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE FUNDING FROM THE DOJ FY2017 PORT SECURITY GRANT, $658,056.83) ($219,352. 27 LOCAL MATCH). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 11, 2017.

RESOLUTION: 31-411-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S. Department of Justice, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $877,409.10 for the FY2017 Port Security Grant Program.

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

APPROVE 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. The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 11, 2017.

RESOLUTION: 37-412-2017

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

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY LOCATED AT 5955 AIRPORT BOULEVARD, 754 LINLEN AVENUE AND 755 PINEMONT DRIVE (SOUTHWEST CORNER OF AIRPORT BOULEVARD AND LINLEN AVENUE EXTENDING TO THE SOUTHEAST CORNER OF AIRPORT BOULEVARD AND PINEMONT DRIVE) FROM R-1 AND B-2 TO B-1 (DISTRICT 6).

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 1st day of August, 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 sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 5th day of July, 2017.

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

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

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

LOTS 1,2, & 3, LA-Z-BOY ADDITION TO PEVHURST AS RECORDED IN MAP BOOK 115, PAGE 31

The classification of said property is hereby changed from R-1, Single-Family Residential District, and B-2, Neighborhood Business District to B-1, Buffer Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-1, Buffer Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-1, Buffer Business District, until all of the conditions set forth below have been complied with: 1) Completion of the Subdivision process; 2) Provision of an 8' privacy along the south property line; 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.

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 August 1, 2017.

ANNOUNCEMENTS:

Councilmember Manzie apologized for his abrupt departure from the June 27 meeting. One of his congregation members had been murdered and Mr. Manzie left to be with the family.

Councilmember Manzie noted the Africatown Bridge Challenge 5K Run/Walk Challenge has been rescheduled for this Saturday, July 8, 2017.

Councilmember Manzie commented that the recent improvements to Ann Street have made for a smoother drive.

Councilmember Daves stated that the district five community meeting to be held at St. Pius X Catholic Church will be rescheduled because the Mayoral candidates will have a debate that night.

Councilmember Richardson announced a Midtown community meeting will be held on Thursday, July 31, 2017, 6:00 p.m., at Ashland Place United Methodist Church.

Councilmember Richardson reminded everyone that the Public Services Committee will meet today at 12:30 p.m., in the Council conference room on the ninth floor of the south tower of Government Plaza.

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 and to receive an update from the Police Citizens Community Relations Advisory Council.

Councilmember Small thanked all residents and City employees available to answer questions at the district three community meeting at Fulton Road Baptist Church last Thursday.

Councilmember Small advised that he and State Representative Barbara Drummond visited the D.I.P. SAIL Center and Boykin Towers last week to meet with senior citizens that are unable to attend community meetings.

Councilmember Small invited residents to St. Andrews Episcopal Church on Saturday, July 15, 2017, from 9:00 – 11:00 a.m., for free beans and rice.

Councilmember Small announced the annual “Back to School Rally” will be held Sunday, August 3, 2017, 3:00 p.m. at the Pleasant Valley Shopping Center.

Councilmember Williams reported near full capacity for the July 4th celebrations at Hank Aaron Stadium.

Councilmember Williams introduced Boy Scout Peter Toler who was attending the Council meeting to fulfill the requirement for his Citizenship in the Community merit badge.

Councilmember Gregory mentioned 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.

Councilmember Gregory thanked the Mobile County Commission for assistance with road projects through the Pay-As-You-Go program.

Councilmember Gregory reminded everyone the Finance Committee will meet today at 2:00 p.m. in the Council conference room.

The Presiding Officer adjourned the regular meeting at approximately 11:23 a.m.

Approved: July 11, 2017

_____________________________
COUNCIL PRESIDENT


_____________________________
ASSISTANT CITY CLERK








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