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 Sep 12, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 12, 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, September 12, 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: September 19, 2017

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNCIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 12, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, September 12, 2017, at 10:30 a.m., in regular meeting.

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

Father Ken C. Ugwu, Most Pure Heart of Mary Catholic Church, offered an invocation.

Dunbar Magnet School student Jordan Guyton sang the “Star Spangled Banner.”

The Presiding Officer led the Pledge of Allegiance.

Councilmember Gregory asked everyone to remain standing for a moment of silence for the first responders and all affected by recent Hurricanes Harvey and Irma.

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 September 5, 2017 were approved as submitted.

Councilmember Rich read a proclamation declaring Tuesday, September 12, 2017 as “Constitution Awareness Day” in Mobile. Dodge Elementary School PACE teacher Janet Leffard accepted the proclamation.

COMMUNICATIONS FROM THE MAYOR:

Carol May, President of the Major Uriah Blue Chapter of the Daughters of 1812, read a proclamation from Mayor Stimpson declaring Thursday, September 14, 2017 as “Star Spangled Banner Day” in Mobile.

ADOPTION OF THE AGENDA:

Councilmember Small moved to adopt the agenda, which motion was seconded by Councilmember Richardson and the vote was as follows:

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

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

APPEALS:

The Council considered the request of Charles Benion for a waiver of the Noise Ordinance on 2451 Dubose Street on October 7, 2017, from 5:00 p.m. until 10:00 p.m. (District 1).

Councilmember Small moved that the waiver be denied 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 Annunciation Greek Orthodox Church for a waiver of the Noise Ordinance at 50 South Ann Street on September 23, 2017, from 6:00 p.m. until 10:00 p.m. (District 2).

Councilmember Small 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

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 5803, 5809 AND 5811 OLD SHELL ROAD (SOUTHWEST CORNER OF OLD SHELL ROAD AND LONG STREET) FROM B-2 AND R-1 TO B-2 (LOT A) AND R-1 AND R-2 TO R-3 (LOT B) (DISTRICT 6).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 5803, 5809 and 5811 Old Shell Road and asked if there was anyone present to speak for or against this matter.

Architect Paul Davis, 61 St. Joseph Street, spoke in favor of the rezoning.

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

AGENDA ITEMS:

Arianna McArthur, 3065 Finley Avenue, asked several questions related to the proposed Fiscal Year 2018 budget.

NON-AGENDA ITEMS:

None.

ORDINANCES HELD OVER:

REZONE PROPERTY AT THE WEST SIDE OF RANGELINE ROAD SERVICE ROAD, 2/10 ± MILE SOUTH OF CSX RAILROAD, FROM R-1 TO B-3 (DISTRICT 4). The following ordinance which was introduced and read at the regular meeting of Tuesday, September 5, 2017 and held over for one (1) week until the regular meeting of September 12, 2017 was called up by the Presiding Officer.

ORDINANCE: 64-032-2017

Sponsored by: Councilmember Williams

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

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

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

LOTS 3 AND 4, RANGELINE ROAD SUBDIVISION, UNIT TWO AS RECORDED IN MAP BOOK 125, PAGE 20 IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA.

The classification of said property is hereby changed from R-1, Single-Family Residential District, to B-3, Community 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-3, Community 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-3, Community Business District, until all of the conditions set forth below have been complied with: 1) Completion of the Subdivision process; 2) Compliance with Engineering comments (i. Any work performed in the existing ROW (right-of-way) such as driveways, sidewalks, utility connections, grading, drainage, irrigation, or landscaping will require a ROW permit from the City of Mobile Engineering Department (208-6070) and must comply with the City of Mobile Right-of-Way Construction and Administration Ordinance (Mobile City Code, Chapter 57, Article VIII), 2, A Land Disturbance Permit application shall be submitted for any proposed land disturbing activity with the property, A complete set of construction plans including, but not limited to, drainage, utilities, grading, storm water detention systems, paving, and all above ground structures, will need to be included with the Land Disturbance permit This Permit must be submitted, approved, and issued prior to beginning any of the construction work, 3, Any and all proposed land disturbing activity within the property will need to be submitted for review and be in conformance with Mobile City Code, Chapter 17, Storm Water Management and Flood Control); the City of Mobile, Alabama Flood Plain Management Plan (1984); and, the Rules For Erosion and Sedimentation Control and Storm Water Runoff Control 4, The approval of all applicable federal, state, and local agencies (including all storm water runoff, wetland and floodplain requirements) will be required prior to the issuance of a Land Disturbance permit The (Owner/Developer is responsible for acquiring all of the necessary permits and approvals, 5, The proposed development must comply with all Engineering Department design requirements and Policy Letters); 3) Compliance with Urban Forestry comments (Property to be developed in compliance with state and local laws that pertain to tree preservation and protection on both city and private properties (State Act 2015-116 and City Code Chapters 57 and 64),; 4) Compliance with Fire comments (All projects within the City Limits of Mobile shall comply with the requirements of the City of Mobile Fire Code Ordinance, (2012 International Fire Code))', and 5) Full compliance with all municipal codes and ordinances.

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

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

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

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

RESOLUTIONS HELD OVER:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR DISCOUNT ZONE, 158 NORTH BROAD STREET. The following resolution which was introduced and read at the regular meeting of Tuesday, August 29, 2017 and held over until the regular meeting of September 12, 2017 was called up by the Presiding Officer.

RESOLUTION: 37-531-2017

Sponsored by: Councilmember Manzie

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

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

Submitted by: Mata Manakamana Mai, LLC

Location: Discount Zone
158 North Broad Street
Mobile, AL 36603

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be held over for two (2) weeks until the regular meeting of Tuesday, September 26, 2017, which was seconded by Councilmember Daves and the vote was as follows:

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

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

AUTHORIZE CONTRACT WITH C. THORNTON, INC. FOR WALSH PARK-CONCRETE PAVING, SIDEWALKS, BASKETBALL COURT RESURFACING AND PARK FURNISHINGS, $99,437.00 (2017 CIP #221; D3; PR-193-17; CO310). The following resolution which was introduced and read at the regular meeting of Tuesday, September 5, 2017 and held over until the regular meeting of September 12, 2017 was called up buy the Presiding Officer.

RESOLUTION: 21-550-2017

Sponsored by: Councilmember Small and Mayor Stimpson

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

Name of company: C. Thornton, Inc.

Project name: Walsh Park - Concrete Paving, Sidewalks,
Basketball Court Resurfacing and Park Furnishings

Project number: PR-193-17

Amount: $99,437.00

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

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

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

AUTHORIZE FY2018 STANTEC MASTER SERVICES AGREEMENT TO PROVIDE CONTINUATION OF OVERALL PROGRAM MANAGEMENT, CONSULTING SERVICES AND SUPPORT FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP), $600,000.00 ANNUALLY (CO054). The following resolution which was introduced and read at the regular meeting of Tuesday, September 5, 2017 and held over until the regular meeting of September 12, 2017 was called up buy the Presiding Officer.

RESOLUTION: 01-551-2017

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 Master Services Agreement between the City of Mobile and Stantec Consulting Services, Inc., for the continuation of services to provide overall program management, consulting services, and support for the Capital Improvement Program, and to sign any agreements or other documents in connection with the Master Services Agreement, and to perform all acts necessary in connection with the Master Services Agreement, as outlined in the Master Services Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Master Services Agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Small moved that the resolution be adopted, which was seconded by Councilmember 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 MCELHENNEY CONSTRUCTION COMPANY, LLC FOR GRAND BOULEVARD 2016 DRAINAGE IMPROVEMENTS, $628,269.60 (COM PROJECT NO. 2016-202-03; CO195; D1). The following resolution which was introduced and read at the regular meeting of Tuesday, September 5, 2017 and held over until the regular meeting of September 12, 2017 was called up buy the Presiding Officer.

RESOLUTION: 21-554-2017

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 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: McElhenney Construction Company, LLC

Project name: Grand Boulevard 2016 Drainage improvements

COM project no.: 2016-202-03

Estimated cost: $628,269.60

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

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

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

AMEND THE PROJECT AGREEMENT WITH THE STATE OF ALABAMA, MOBILE COUNTY, MOBILE AREA CHAMBER OF COMMERCE, LLC AND RURAL SOURCING, INC. (RSI) FOR ECONOMIC DEVELOMENT (NO ADDITIONAL FUNDING). The following resolution which was introduced and read at the regular meeting of Tuesday, September 5, 2017 and held over until the regular meeting of September 12, 2017 was called up buy the Presiding Officer.

RESOLUTION: 01-552-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Amendment to Project Agreement between the City of Mobile, State of Alabama, Mobile County, Mobile Area Chamber of Commerce, LLC and Rural Sourcing, Inc. (RSI), for the purpose of changing the Jobs Target Date to September 30, 2018, as provided in said Amendment attached hereto and made a part hereof as though set forth in full. A copy of said Amendment to Project Agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be 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.

ADOPT THE 2017-2018 BUDGETS FOR THE GENERAL FUND, CAPITAL IMPROVEMENT, STRATEGIC PLAN, AND THE CONVENTION CENTER. The following resolution which was introduced and read at the regular meeting of Tuesday, September 5, 2017 and held over until the regular meeting of September 12, 2017 was called up buy the Presiding Officer.

RESOLUTION: 09-553-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the FY 2017-2018 budgets for the General Fund, Capital Improvement, Strategic Plan, and Convention Center are hereby adopted.

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be held over for one (1) week until the regular meeting of September 19, 2017, which was seconded by Councilmember Rich and the vote was as follows:

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

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

AMEND PY2016 ACTION PLAN-ESG. The following resolution which was introduced and read at the regular meeting of Tuesday, September 5, 2017 and held over until the regular meeting of September 12, 2017 was called up buy the Presiding Officer.

RESOLUTION: 31-558-2017

Sponsored by: Councilmember Richardson and Mayor Stimpson

WHEREAS, the City of Mobile receives grant funds from the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG), Program, under Title I of the Housing and Community Development Act of 1974 as amended.

The CDBG Program is designed to develop viable communities by providing decent housing, a suitable living environment, and expanded economic opportunities; and

WHEREAS, the City of Mobile receives grant funds form the United States Department of Housing and Urban Development (HUD) Emergency Solutions Grant (ESG) Program, under the Stewart B. McKirmey Vento Homeless Assistance Act of 1987, as amended by The Homeless Emergency and Rapid Transition to Housing (HEARTH) Act, and the Stewart B. McKinney Homeless Assistance Amendments Act, and the Cranston-Gonzalez National Affordable Housing Act of 1990 for the provision of services for the homeless population; and

WHEREAS, the City periodically reallocates funds between eligible activities within the CDBG and ESG program in accordance with the Citizen Participation Plan;

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the 2017 Action Plan is amended in accordance with the table below to reflect reallocation of funds:

BE IT FURTHER RESOLVED that the Mayor, or his designee, is directed and authorized to act on behalf of the City of Mobile in the filing of the Amendment to the 2017 Action Plan with HUD, and that this authorization extends to the execution of all required certifications, agreements, and loan documents as well as all other actions required by said Federal funds.

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

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

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

AMEND PY2017 ACTION PLAN-CDBG. The following resolution was held over for one (1) week until the regular meeting of Tuesday, September 12, 2017.

RESOLUTION: 31-558-2017

Sponsored by: Councilmember Richardson and Mayor Stimpson

WHEREAS, the City of Mobile receives grant funds from the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG), Program, under Title I of the Housing and Community Development Act of 1974 as amended. The CDBG Program is designed to develop viable communities by providing decent housing, a suitable living environment, and expanded economic opportunities; and

WHEREAS, the City periodically reallocates funds between eligible activities within the CDBG program in accordance with the Citizen Participation Plan;

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the 2017 Action Plan is amended in accordance with the table below to reflect reallocation of funds:

BE IT FURTHER RESOLVED that the Mayor, or his designee, is directed and authorized to act on behalf of the City of Mobile in the filing of the Amendment to the 2016 Action Plan with HUD, and that this authorization extends to the execution of all required certifications, agreements, and loan documents as well as all other actions required by said Federal funds.

A copy of this Amendment shall remain on file in the office of the City Clerk.

The following resolution which was introduced and read at the regular meeting of Tuesday, September 5, 2017 and held over until the regular meeting of September 12, 2017 was called up buy the Presiding Officer.

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

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

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

ORDINANCES BEING INTRODUCED:

AMEND ORDINANCE 01-004-2017, SECTION 115 OF THE TARIFF FOR THE CITY OF MOBILE, MOBILE ALABAMA CRUISE TERMINAL TO PROVIDE THAT TRANSPORTATION NETWORK COMPANIES AND TAXI-CAB COMPANIES SHALL PAY A $50 PER MONTH FEE FOR PROVIDING PASSENGER SERVICE. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, September 19, 2017.

ORDINANCE: 01-033-2017

Sponsored by: Mayor Stimpson

AN ORDINANCE TO AMEND CITY OF MOBILE ORDINANCE 01-004-2017, SECTION 115 OF THE TARIFF FOR THE CITY OF MOBILE, MOBILE ALABAMA CRUISE TERMINAL

BE IT ORDAINED BY THE CITY OF MOBILE, ALABAMA, that Ordinance 01-004-2017, Section 115 of the Tariff for the City of Mobile, Mobile Alabama Cruise Terminal shall be amended as follows:

115 COMMERCIAL PASSENGER VEHICLE USE FEES DEFINITIONS: Definitions for Section 116 and Section 204 of this Tariff may be found in City of Mobile Ordinances, Chapter 59, Section 59-2. 116 REQUIREMENTS FOR COMMERCIAL PASSENGER VEHICLES ACCESSING THE CITY OF MOBILE ALABAMA CRUISE TERMINAL All Transportation Network Companies and Taxi-cab companies must pay a one-time account set up fee of $50 and $50 per month for the privilege of picking up and dropping off passengers at the Terminal. All commercial passenger vehicles to include limousines, courtesy shuttles, shuttles, and charter buses, must pay a one-time account setup fee of $50 per vehicle to terminal operator or its agent for the privilege of accessing the Terminal to pick up passengers. Commercial passenger vehicles accessing the terminal before terminal entry is allowed for embarkation and are engaged in on-loading of passengers are presumed to be picking up passengers. See Section 204 of this tariff for a schedule of fees for commercial passenger vehicle. All vehicles must be in compliance with the City of Mobile ordinances regarding vehicles for hire, including insurance requirements.

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

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

EFFECTIVE DATE: The effective date of this Ordinance is .

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

REZONE PROPERTY AT 5803, 5809 AND 5811 OLD SHELL ROAD (SOUTHWEST CORNER OF OLD SHELL ROAD AND LONG STREET) FROM B-2 AND R-A TO B-2 (LOT A) AND R-1 AND R-2 TO R-3 (LOT B) (DISTRICT 6). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, September 19, 2017.

ORDINANCE: 64-034-2017

Sponsored by: Councilmember Rich

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

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

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

LOT A: BEGINNING AT THE SOUTHWEST CORNER OF LOT 3, WESTERN HILLS EXTENSION AS RECORDED IN MAP BOOK 3, PAGE 432, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; THENCE NORTH 170.00 FEET; THENCE SOUTH 89° 36' 30" EAST 202.48 FEET; THENCE NORTH 00° 05' 06" EAST 297.44 FEET TO THE SOUTH LINE OF OLD SHELL ROAD; THENCE SOUTH 81° 17' EAST ALONG SAID SOUTH LINE 105.09 FEET; THENCE SOUTH ALONG THE WEST LINE OF LONG STREET 452.13 FEET TO THE SOUTHEAST CORNER OF LOT 1, WESTERN HILLS EXTENSION; THENCE NORTH 89° 36' 30" WEST 307.41 FEET TO THE POINT OF BEGINNING.

LOT B: COMMENCING AT THE SOUTHWEST CORNER OF LOT 3, WESTERN HILLS EXTENSION AS RECORDED IN MAP BOOK 3, PAGE 432, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; THENCE NORTH 170.00 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE SOUTH 89° 36' 30" EAST 202.48 FEET; THENCE NORTH 00° 05' 06" EAST 297.44 FEET TO THE SOUTH LINE OF OLD SHELL ROAD; THENCE NORTH 81° 17' WEST ALONG SAID SOUTH LINE 205.19 FEET TO THE NORTHWEST CORNER OF LOT 3; THENCE SOUTH ALONG THE WEST LINE OF LOT 3 A DISTANCE OF 327.16 FEET TO THE POINT OF BEGINNING.

The classification of said property is hereby changed from B-2, Neighborhood Business District and R-2, Two-Family Residential District, to B-2, Neighborhood Business District, for Lot A and R-1, Single-Family Residential District, and R-2, Two-Family Residential District, to R-3, Multiple-Family Residential District for Lot B and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-2, Neighborhood Business District and R-3, Multiple-Family Residential District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B -2, Neighborhood Business District and R-3, Multiple-Family Residential District, until all of the conditions set forth below have been complied with: (Lot A) 1) completion of the Subdivision process; 2) preservation status is to be given to the 68" live oak tree along Old Shell Road on Lot A; 3) full compliance with tree planting and landscape area requirements; and 4) full compliance with all municipal codes and ordinances, and (Lot B) 1) completion of the Subdivision process; 2) development of Lot B limited to an approved Planned Unit Development; and 3) full compliance with all municipal codes and ordinances.

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

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

Councilmember Richardson moved for the suspension of the rules to consider Consent Resolution 60-561 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.

CONSENT RESOLUTIONS BEING INTRODUCED:

APPROVE AWARD OF SPECIAL BONUS TO BILLY ROACH AS PART OF THE MAYOR’S INCENTIVE PROGRAM, $500.00. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 60-561-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the Mayor, upon the nomination by City supervisors recommends to the City Council that it authorize awards, pursuant to Section 11-40-22 Code of Alabama 1975, of $500 each to the employees on the attached list marked as Exhibit A.

These employees are to be commended for their exemplary work performance or innovations that significantly reduce costs or result in an outstanding improvement in service to the public.

EXHIBIT “A”

Roach, Billy Firefighter of the Month August 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.

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 Resolution 21-563 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 CONSTRUCTION LABOR SERVICES, INC. FOR MCNALLY PARK-PIER REPLACEMENT, $72,479.00 (2017 CIP #212; D3; PR-137-17; CO105). The following resolution was held over for one (1) week until the regular meeting of Tuesday, September 19, 2017.

RESOLUTION: 21-562-2017

Sponsored by: Councilmember Small and Mayor Stimpson

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

Name of company: Construction Labor Services, Inc.

Project name: McNally Park - Pier Replacement

Project number: PR-137-17

Amount: $72,479.00

AUTHORIZE CONTRACT WITH HARRIS CONTRACTING SERVICES, INC. FOR DOG RIVER PARK-SCOREBOARD REPAIR, $21,480.00 (CIP #275; D4; PR-116-17; CO286). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 21-563-2017

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.

Name of company: Harris Contracting Services, Inc.

Project name: Dog River Park - Scoreboard Repair

Project number: PR-116-17

Amount: $21,480.00

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

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

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

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE DOWNTOWN MOBILE BUSINESS IMPROVEMENT DISTRICT BASE LINE SERVICES AGREEMENT, $120,157.00 PER YEAR FOR FOUR (4) YEARS. The following resolution was held over for one (1) week until the regular meeting of Tuesday, September 19, 2017.

RESOLUTION: 01-564-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Downtown Mobile Business Improvement District Base Line Services Agreement, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk.

AUTHORIZE CONTRACT WITH SOUTHERN EARTH SCIENCES, INC. FOR GRAND BOULEVARD 2016 DRAINAGE IMPROVEMENTS, $16,500.00 (PROJECT NO. 2016-202-03; CO195). The following resolution was held over for one (1) week until the regular meeting of Tuesday, September 19, 2017.

RESOLUTION: 21-565-2017

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: Grand Boulevard 2016 Drainage Improvements

Project no.: 2016-202-03

Estimated cost: $16,500.00

AUTHORIZE MODIFICATION OF LEASE WITH THE STATE OF ALABAMA FOR STORAGE OF CROWD CONTROL BARRICADES. The following resolution was held over for one (1) week until the regular meeting of Tuesday, September 19, 2017.

RESOLUTION: 35-566-2017

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that 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, a Lease between the State of Alabama and the City of Mobile, for an area of Right-of-Way for Storage of Crowd Control Barricades for a maximum term of 20 years, as outlined in the Lease attached hereto and made apart hereof as though set forth in full.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO CONSIDER THE APPLICATION OF WILLIAM CLIFTON FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A HAULING SERVICE.

BE IT RESOLVED BY THE 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 HAULING SERVICE

Notice is hereby given that the City Council of Mobile, Alabama, proposes to consider the application of William Clifton for a Certificate of Public Convenience and Necessity to operate a hauling 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 26th day of September, 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 Small then moved to call for the public hearing, which move 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 whereupon the Presiding Officer set the date for the public hearing as September 26, 2017.

ANNOUNCEMENTS:

Councilmember Richardson informed district one residents they will be receiving a brochure in the mail asking for suggestions for 2018 CIP projects.

Councilmember Manzie announced he will be attending the Church Street East community meeting tonight.

Councilmember Manzie said he looks forward to attending a celebration to mark the 170th anniversary of the AME Zion Church Wednesday night.

Councilmember Manzie assured citizens that the Council is working with the Administration on the proposed budget.

Councilmember Rich reported she attended the Mobile Kennel Club Dog Show last weekend and expressed she would like to see the show move back to Mobile.

Councilmember Rich invited citizens to attend the bell ringing event to commemorate the signing of the Constitution this Tuesday, September 19, 2017, at 2:00 p.m., at the USS Alabama Battleship Memorial Park. The project invites all Americans to participate in the national historic event by ringing their own bells at their homes, businesses, schools and churches.

Councilmember Rich encouraged residents to volunteer their landscaping abilities at the Connie Hudson Mobile Regional Senior Community Center on Saturday, October 7, 2017, beginning at 7:00 a.m.

Councilmember Rich suggested the Council looked into the franchising agreement with Comcast Cable because of recent scheduling changes for the broadcast of Council meetings.

Councilmember Small reported a great response for the donation event held last weekend to benefit victims of recent Hurricanes Harvey and Irma.

Councilmember Small stated tonight he will be attending the Oakdale Community Action Group meeting at 5:00 p.m. and the Riverside Community Action Group meeting at 6:30 p.m.

Councilmember Gregory announced the Finance Committee will meet to discuss the proposed Fiscal Year 2018 budget on Monday, September 18, 2017, 3:00 p.m., in the Council conference room located on the ninth floor of the south tower in Government Plaza.

Councilmember Gregory notified the public that the Council will not meet the week of October 1 – 4, 2017 because most of the Council will be out of town.

The Presiding Officer adjourned the regular meeting at approximately 11:34 a.m.

Approved: September 19, 2017


_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK








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