Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


 Subscribe to RSS Feed - Council Agendas


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 Nov 21, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA NOVEMBER 21, 2017

The Council of the City of Mobile, Alabama, met in the City Council’s Conference Room on the ninth floor of the Mobile Government Plaza on Tuesday, November 21, 2017, at 9:00 a.m.

Present:
Chairman: Manzie
Councilmembers: Richardson, Small, Williams, Daves, Rich and Gregory
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: November 28, 2017

_______________________________
COUNCIL VICE PRESIDENT


_______________________________
CITY CLERK


MUNCIPAL BUILDING, MOBILE, ALABAMA, NOVEMBER 21, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, November 21, 2017, at 10:30 a.m., in regular meeting.

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

Pastor Ronald O. McCants, Theodore First United Methodist Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

STATEMENT OF RULES BY COUNCIL VICE 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 November 14, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson presented a Certificate of Recognition to Mobile Fire-Rescue Department Captain Dwight Smith naming him Firefighter of the Month.

Mayor Stimpson reported the lighting of the Christmas tree in Bienville Square was well attended.

Mayor Stimpson encouraged citizens to participate in Small Business Saturday to support local businesses.

Mayor Stimpson announced The National Fish and Wildlife Foundation (NFWF) awarded the City a $6,923,800 grant to conserve and protect the City’s coastline.

Mayor Stimpson stated there will be no trash or garbage pick-up on Thanksgiving Day.

Mayor Stimpson read a proclamation declaring November 21, 2017 as “Ariel, Israel Day” in Mobile. Ariel, Israel is a Sister City to Mobile. Eliyahu Shaviro, Mayor of Ariel, Israel, accepted the proclamation.

Councilmember Manzie introduced members of the Order of Doves Royal Court present in the audience.

Councilmember Gregory introduced Faith Academy Senior Brooke Whitfield.

Councilmember Rich introduced Joyce Davis Reed from the Quilts of Valor group. Mrs. Reed then presented quilts to Executive Director of Public Safety James Barber, Raymond Grissett with the Mobile Police Department and Lewis R. Butterworth with the Mobile Fire-Rescue Department.

ADOPTION OF THE AGENDA:

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

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

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

APPEALS:

The Council considered the request of Janay Bendolph for a waiver of the Noise Ordinance at 287 Laurel Drive on November 25, 2017, from 3:00 p.m. until 10:00 p.m. (District 2).

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

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

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

The Council considered the request of Jimmy Watkins for a waiver of the Noise Ordinance at 1211 Church Street on November 25, 2017, from 3:00 p.m. until 10:00 p.m. (District 2).

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

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

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

The Council considered the request of Chelette Webster for a waiver of the Noise Ordinance at 2004 McGough Drive on November 22, 2017, from 6:00 p.m. until 9:00 p.m. (District 3).

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

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

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

The Council considered the request of Corey Steele for a waiver of the Noise Ordinance at 2709 Woodcliff Drive East on November 25 and 26, 2017, from 3:00 p.m. until 10:00 p.m. (District 4).

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

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

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

PUBLIC HEARINGS:

PUBLIC HEARING ASSENTING TO THE VACATION OF A RIGHT-OF-WAY ON THE SOUTH SIDE OF OLD SHELL ROAD, WEST OF ALVERSON ROAD AND NORTH OF MONK AVENUE (DISTRICT 7).

The Presiding Officer announced that today was the day for the public hearing to consider assenting to the vacation of a portion of a right-of-way on the south side of Old Shell Road, west of Alverson Road and north of Monk Avenue and asked if there was anyone present to speak for or against this matter.

Dr. Mike Bucknell, 7921 Tanner Williams Road, spoke in favor of the vacation.

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

PUBLIC HEARING TO REZONE PROPERTY AT 1016 HILLCREST ROAD (WEST SIDE OF HILLCREST ROAD, 575’ ± NORTH OF JOHNSTON LANE, EXTENDING TO THE NORTH SIDE OF JOHNSTON LANE, 350’ ± WEST OF HILLCREST ROAD) FROM R-1 AND B-3 TO B-3 (DISTRICT 6).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 1016 Hillcrest Road from R-1 and B-3 to B-3 and asked if there was anyone present to speak for or against this matter.

Robert Overmeyer, 1016 Hillcrest Road, 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.

PRESENTATIONS OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

None.

NON-AGENDA ITEMS:

Joaquin Holloway, 2206 Dekruif Court, provided the Council with information regarding National Model Railroad Month.

Reggie Hill, 200 Government Street, invited the Council to a Clean, Educated, Safe and Sustainable (CHESS) forum.

Jeffrey Jones, 1463 St. Stephens Road, spoke to the Council about the “Vote or Die” campaign.

Anthony Thompson, 914 Stewart Road, addressed the Council regarding the election of a new Council President.

ORDINANCES HELD OVER:

REZONE PROPERTY AT 1016 HILLCREST ROAD (WEST SIDE OF HILLCREST ROAD, 575’ ± NORTH OF JOHNSTON LANE, EXTENDING TO THE NORTH SIDE OF JOHNSTON LANE, 350’ ± WEST OF HILLCREST ROAD) FROM R-1 AND B-3 TO B-3 (DISTRICT 6). The following ordinance which was introduced and read at the regular meeting of Tuesday, November 14, 2017 and held over for one (1) week until the regular meeting of November 21, 2017 was called up by the Presiding Officer.

ORDINANCE: 01-046-2017

Sponsored by: Mayor Stimpson

AN ORDINANCE TO AMEND CHAPTER ONE OF THE MOBILE CITY CODE, TO ALLOW CERTAIN CRIMINAL OFFENSES TO BE CHARGED BY ISSUANCE OF AN ALABAMA UNIFORM NONTRAFFIC CITATION AND COMPLAINT (UNTCC) NOT REQUIRING CUSTODIAL ARREST AND A COURT APPEARANCE IF UNCONTESTED

WHEREAS, the Mobile Police Department handles many varied offenses when enforcing the Alabama Criminal Code and the City of Mobile Municipal Code; and

WHEREAS, some of those offenses are relatively minor yet still require defendants to submit to custodial arrest and bonding requirements just as they would if committing far more serious offenses; and

WHEREAS, processing defendants under custodial arrest charged with minor offenses (meaning those offenses not involving violence, weapons, fighting words, or a danger to others), constitutes a disproportionate burden on City resources, relative to gravity of the minor offenses.

SECTION ONE: That CHAPTER 1, ARTICLE H., DIVISION 2, of Mobile City Code, is hereby amended to read as follows:

Add Sec. 1-35, to read as follows: The following minor offenses may, at the sole discretion of the City, be charged by issuance of a UNTCC by a sworn Mobile Police Officer:

The listing of the above offenses is without limitation to or exclusion of all other minor offenses which may, at the sole discretion of the City, be charged by issuance of a UNTCC by a sworn Mobile Police Officer as may be allowed under Alabama law.

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

SECTION THREE: Severability. The provisions of this Ordinance are severable. If any part of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, that declaration shall not affect the part or parts that remain.

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

The ordinance was read by the City Clerk; whereupon Councilmember Daves moved that the ordinance be adopted, which was seconded by Councilmember Rich. Following comments from Councilmembers Rich, Richardson, Small and Gregory 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:

AUTHORIZE CONSTRUCTION AGREEMENT WITH THE ALABAMA DEPARTMENT OF TRANSPORTATION FOR THE 2016 TIGER GRANT-COMPLETE STREETS INITIATIVE. The following resolution which was introduced and read at the regular meeting of Tuesday, November 14, 2017 and held over for one (1) week until the regular meeting of November 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 01-733-2017

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED, by the City Council of the City of Mobile, Alabama, as follows:

1. That the City enters into an Agreement with the State of Alabama, acting by and through the Alabama Department of Transportation for:

Preliminary Engineering for Project ST-049-999-013, Project Reference Number 100066564 and Construction, Project Reference Number 100066565 for the One Mobile-Complete Streets Initiative on Broad Street in the City of Mobile which Agreement is before this Council.

2. That the Agreement be executed in the name of the City, by its Mayor, for and on its behalf.

3. That the Agreement be attested by the City Clerk and the seal of the City affixed thereto.

BE IT FURTHER RESOLVED, that upon the completion of the execution of the Agreement by all parties, that a copy of such Agreement be kept on file by 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 Daves and the vote was as follows:

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

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

AUTHORIZE PROJECT AGREEMENT BETWEEN CITY OF MOBILE, MOBILE COUNTY AND SSAB ENTERPRISES, LLC, $750,000.00. The following resolution which was introduced and read at the regular meeting of Tuesday, November 14, 2017 and held over for one (1) week until the regular meeting of November 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 01-734-2017

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, a Project Agreement by arid among Mobile County, the City of Mobile and SSAB Enterprises, LLC, as outlined in the Project Agreement attached hereto and made a part hereof as though set forth in full herein. A copy of said agreement is on file in the office of the City Clerk.

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

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

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

APPROVE THE APPLICATION OF C’ARACHER SMALL, JR. D/B/A PORT CITY LIMOUSINE SERVICE, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A LIMOUSINE SERVICE. The following resolution which was introduced and read at the regular meeting of Tuesday, November 14, 2017 and held over for one (1) week until the regular meeting of November 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 37-735-2017

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of C'aracher Small, Jr. d/b/a Port City Limousine Service, LLC, for a Certificate of Public Convenience and Necessity for a limousine service is hereby approved. A copy of said application is on file in the office of the City Clerk.

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

ASSENT TO THE VACATION OF A PORTION OF DINKINS DRIVE AND PORTIONS OF LOTS 1-4, MARTHA YOUNG ESTATES (DISTRICT 4). The following resolution which was introduced and read at the regular meeting of Tuesday, November 14, 2017 and held over for one (1) week until the regular meeting of November 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 47-736-2017

Sponsored by: Councilmember Williams

RESOLUTION ASSENTING TO VACATION OF PORTION OF DINKINS DRIVE AND PORTIONS OF LOTS 1-4, MARTHA YOUNG ESTATES

WHEREAS, Petitioners Patricia M. Lyon; the Estate of Vivian G. Johnston, Jr., deceased, as Successor in interest to Vivian 0. Johnston, Jr. (a/k/a) V. G Johnston, Jr., by and through Vivian G. Johnston, III, as Co-Personal Representative; Neil C. Johnston, as Co-Personal Representative; Jennifer J. Cobb, as Co-Personal Representative; and BWS-LD 2010 Properties, LP, are the abutting owners and holders of interest in the unopened road rights-of-way located within a portion of Dinkins Drive and an easement reserved for future dedication of a portion of Garmons Lane, a public street, more particularly described as follows, to wit:

DESCRIPTION OF PARCEL "1":

BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2, MARTHA YOUNG ESTATE, AS PER PLAT RECORDED IN MAP BOOK 13, PAGE 58 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, RUN N 89° 44' 00" W ALONG THE NORTHERN BOUNDARY OF SAID PARCEL 2, MARTHA YOUNG ESTATE, AND A WESTWARD EXTENSION OF SAID NORTH BOUNDARY, A DISTANCE OF 229.29 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF UNIVERSITY BOULEVARD; THENCE ALONG SAID EAST RIGHT OF WAY LINE OF UNIVERSITY BOULEVARD, RUN N 06° 08' 00" W 15.09 FEET TO A POINT ON THE SOUTH LINE OF COTTAGE VILLAGE SHOPPING CENTER; THENCE ALONG SAID SOUTH LINE OF COTTAGE VILLAGE SHOPPING CENTER, RUN S 89° 44' 00" E 234.64 FEET TO A POINT ; THENCE RUN S 14° 00' 30" W 15.44 FEET TO THE POINT OF BEGIN^G. CONTAINING 3479 SQUARE FEET.

DESCRIPTION OF PARCEL "2":

BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2, MARTHA YOUNG ESTATE, AS PER PLAT RECORDED IN MAP BOOK 13, PAGE 58 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, RUN S 89° 44' 00" E ALONG THE NORTHERN BOUNDARY OF SAID PARCEL I, MARTHA YOUNG ESTATE, A DISTANCE OF 159.35 FEET TO A POINT; THENCE RUN N 17° 46' 00" E 15.73 FEET TO A POINT ON THE SOUTH LINE OF COTTAGE VILLAGE SHOPPING CENTER; THENCE ALONG SAID SOUTH LINE OF COTTAGE VILLAGE SHOPPING CENTER, RUN N 89° 44' 00" W 160.41 FEET TO A POINT; THENCE RUN S 14° 00' 30" W 15.44 FEET TO THE POINT OF BEGINNING. CONTAINING 2399 SQUARE FEET.

DESCRIPTION OF PARCEL "3";

BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2, MARTHA YOUNG ESTATE, AS PER PLAT RECORDED IN MAP BOOK 13, PAGE 58 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, RUN S 14° 00' 30" W ALONG THE EAST BOUNDARY OF SAID PARCEL 2, MARTHA YOUNG ESTATE, A DISTANCE OF 25.74 FEET TO A POINT THAT IS 25 FEET SOUTH OF THE NORTH BOUNDARY OF SAID PARCEL 2, MARTHA YOUNG ESTATE, AS MEASURED AT RIGHT ANGLES; THENCE 25 FEET SOUTH OF AND PARALLEL WITH SAID NORTH BOUNDARY OF PARCEL2, MARTHA YOUNG ESTATE, RUN N 89° 44' 00" W 135.46 FEET TO A POINT THAT IS 25 FEET EAST OF THE WEST BOUNDARY OF SAID PARCEL 2, MARTHA YOUNG ESTATE, AS MEASURED AT RIGHT ANGLES; THENCE 25 FEET EAST OF AND PARALLEL WITH SAID WEST BOUNDARY OF PARCEL 2, MARTHA YOUNG ESTATE, RUN S 13° 50' 10" W 247.07 FEET TO A POINT ON THE WEST BOUNDARY OF PARCEL 3 OF SAID MARTHA YOUNG ESTATE; SAID POINT BEING ON THE EAST RIGHT OF WAY LINE OF UNIVERSITY BOULEVARD; THENCE ALONG SAID WEST BOUNDARY OF SAID PARCEL 3, MARTHA YOUNG ESTATE AND SAID EAST RIGHT OF WAY LINE OF UNIVERSITY BOULEVARD, RUN N 06° 08' 00" W 73.20 FEET TO A POINT; THENCE CONTINUING ALONG SAID WEST BOUNDARY OF PARCEL 3, MARTHA YOUNG ESTATE AND ALONG THE AFOREMENTIONED WEST BOUNDARY OF PARCEL 2, MARTHA YOUNG ESTATE, RUN N 13° 50' I0"E 197.95 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2, MARTHA YOUNG ESTATE; THENCE ALONG THE AFOREMENTIONED NORTH BOUNDARY OF SAID PARCEL 2, MARTHA YOUNG ESTATE, RUN S 89° 44' 00" E 161.26 FEET TO THE POINT OF BEGINNING. CONTAINING 9271 SQUARE FEET.

DESCRIPTION OF PARCEL "4A":

BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2, MARTHA YOUNG ESTATE, AS PER PLAT RECORDED IN MAP BOOK 13. PAGE 58 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, RUN S 89° 44' 00" E ALONG THE NORTH BOUNDARY OF PARCEL 1 OF SAID MARTHA YOUNG ESTATE, A DISTANCE OF 159.35 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF GARMON'S LANE, AS WIDENED; THENCE ALONG SAID WEST RIGHT OF WAY LINE OF GARMON'S LANE, AS WIDENED, RUN S 17° 46' 00" W 129.07 FEET TO THE P.O. OF A 25.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE CONTINUING ALONG SAID WEST RIGHT OF WAY LINE OF GARMON'S LANE, AS WIDENED, RUN 29.79 FEET ALONG THE ARC OF SAID CURVE (CHORD BEARS S 51° 54' 10" W AND MEASURES 28.06 FEET) TO A POINT; THENCE RUN N 14° 13' 00" E 119.04 FEET TO A POINT THAT IS 25 FEET SOUTH OF THE NORTH BOUNDARY OF SAID PARCEL I, MARTHA YOUNG ESTATE, AS MEASURED AT RIGHT ANGLES; THENCE 25 FEET SOUTH OF AND PARALLEL WITH SAID NORTH BOUNDARY OF PARCEL 1, MARTHA YOUNG ESTATE, RUN N 89° 44' 00" W 133.34 FEET TO A POINT ON THE WEST BOUNDARY OF SAID PARCEL 1, MARTHA YOUNG ESTATE; THENCE ALONG SAID WEST BOUNDARY OF PARCEL 1, MARTHA YOUNG ESTATES, RUN N 14° 00' 30" E 25.74 FEET TO THE POINT OF BEGINNING. CONTAINING 6254 SQUARE FEET.

DESCRIPTION OF PARCEL "4B":

COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2, MARTHA YOUNG ESTATE, AS PER PLAT RECORDED IN MAP BOOK 13, PAGE 58 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA; SAID POINT BEING THE NORTHWEST CORNER OF PARCEL 1 OF SAID MARTHA YOUNG ESTATE; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL 1, MARTHA YOUNG ESTATE, RUN S 14® 00' 30" W 144.97 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1, MARTHA YOUNG ESTATE; THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1, MARTHA YOUNG ESTATE, RUN S 89° 50' 00" E 132.95 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID SOUTH BOUNDARY OF PARCEL 1, MARTHA YOUNG ESTATE, RUN S 89° 50' 00" E 16.52 FEET TO A POINT ON THE WEST RIGHT OF WAY OF GARMON'S LANE, AS WIDENED; THENCE ALONG SAID WEST RIGHT OF WAY OF GARMON'S LANE, AS WIDENED, RUN S 17° 46' 00" W 143.29 FEET TO A POINT ON THE SOUTH BOUNDARY OF PARCEL 4 OF SAID MARTHA YOUNG ESTATE; THENCE ALONG SAID SOUTH BOUNDARY OF PARCEL 4, MARTHA YOUNG ESTATE, RUN S 88° 5 T 30" W 7.41 FEET TO A POINT; THENCE RUN N 14° 13'00" E 140.96 FEET TO THE POINT OF BEGINNING. CONTAINING 1631 SQUARE FEET.

[Parcels 1, 2, 3 and 4B hereinafter called the "Rights-of-Way"]

WHEREAS, the Petitioners have filed a Petition with the City Council for the City of Mobile, Alabama (the "City Council") requesting that the City Council adopt a resolution assenting to the vacation of the aforesaid easements and/or Rights-of-Ways herein described; and

WHEREAS, the Petitioners, pursuant to Ala. Code §23-4-20 (1975), as amended, desire to vacate and close the aforesaid Rights-of-Ways herein described and, pursuant to applicable law, destroy the force and effect of the dedication of the aforesaid rights-of-way herein described, and to divest all public rights, including any and all rights which may have been acquired by prescription in and to the aforesaid Rights-of-Ways herein described; and

WHEREAS, the aforesaid Rights-of-Ways herein described are not now used by the public as a street, way or access of any kind and are of no use to the public as a street or a portion of a street and it is in the interest of the public that that the aforesaid rights-of-way be closed and vacated; and

WHEREAS, the vacation of the aforesaid Rights-of-Ways herein described shall not deprive other property owners of such rights as they may have to convenient and reasonable means of ingress and egress to and from their respective properties.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City Council does ASSENT to the vacation of the unopened rights-of-way located within a portion of Dinkins Drive and an easement for dedication of a portion of Garmons Lane, as herein described and that such rights-of-way are VACATED AND ANNULLED AND ALL PUBLIC RIGHTS AND EASEMENTS THEREIN DIVESTED of the lands described as rights-of-way and easement as herein described.

BE IT FURTHER RESOLVED by the Mobile City Council that its assent be, and the same hereby is, given to vacate and annul the herein described right of way, subject, however, to the following conditions:

(a) The declaration of vacation and this resolution assenting to the vacation of said property, upon adoption by the Mobile City Council, be recorded in the Probate Court of Mobile County, Alabama, and a certified copy of the resolution shall be immediately delivered to the Tax Assessor's plat room so that this property may be reassessed in the name of the new owners;

(b) The City of Mobile will retain said right-of-way (east and west portions of Parcels 1, 2, 3 & 4) as a utility easement for Mobile Water and Sewer System.

(c) An easement is excepted from this vacation and is retained in favor of Mobile Gas Service Corporation to operate and maintain existing facilities until they are either relocated or abandoned.

(d) Alabama Power Company and AT&T are reserved all rights and privileges necessary and convenient for full enjoyment of use of its facilities within and adjacent to the area to be vacated; including the right of ingress and egress to and from said facilities, the right to cut and/or trim trees/limbs which, in their sole opinion would interfere with said facilities, and the right to prohibit use of the land vacated in a manner which violates the National Electric Safety Code.

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

CONSIDER A RIGHT-OF-WAY FEE AS A CONDITION OF VACATION OF A PORTION OF DINKINS DRIVE AND PORTIONS OF LOTS 1-4, MARTHA YOUNG ESTATES (DISTRICT 4). The following resolution which was introduced and read at the regular meeting of Tuesday, November 14, 2017 and held over for one (1) week until the regular meeting of November 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 47-737-2017

Sponsored by: Councilmember Williams

RESOLUTION ESTABLISHING A VACATION OF RIGHT OF WAY FEE AS A CONDITION OF THE VACATION OF A PORTION OF DINKINS DRIVE AND PORTIONS OF LOTS 1-4, MARTHA YOUNG ESTATES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, as follows:

That the Council, after conducting a public hearing on November 14, 2017, does hereby determine that the right-of-way fee for the vacation of a portion of Dinkins Drive and portions of Lots 1-4, Martha Young Estates to be vacated pursuant to Resolution 47-737, is set at $9,674.28 and that such amount is due to be assessed as the reasonable fee for the vacation of such right-of-way.

The payment of the fee set in this Resolution is and shall be a condition precedent to the exercise of the power to vacate the right-of-way, such that payment of such fee is required before the vacation of the right-of-way shall become effective.

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

ADOPT THE CITY’S SOLID WASTE MANAGEMENT PLAN. The following resolution which was introduced and read at the regular meeting of Tuesday, November 14, 2017 and held over for one (1) week until the regular meeting of November 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 60-738-2017

Sponsored by: Mayor Stimpson

WHEREAS, the City of Mobile is required by Alabama Law 89-824 to develop a solid waste management plan to submit to the Alabama Department of Environmental Management which must provide a ten year plan to address landfill management, waste collection, illegal dumping, recycling, composting and waste alternatives; and

WHEREAS, the City of Mobile has made available a public comment period to review the solid waste management plan and has conducted a public hearing to solicit public input; and

WHEREAS, the completed solid waste management plan must be authorized through a resolution by all participating jurisdictions before submission to the Alabama Department of Environmental Management;

NOW, THEREFORE, BE IT RESOLVES BY THE CITY CONCIL OF THE CITY OF MOBILE, that the solid waste management plan, attached hereto and made a part hereof as though set forth in full, is approved for the City of Mobile and that the Mayor is hereby authorized to sign all necessary correspondence, documents, and assurances involved in the submission of this plan to the Alabama Department of Environmental Management. In addition, the solid waste plan will serve at the basis for waste management regulations with amendments as needed for the ten year planning period beginning January 1, 2018.

The resolution was read by the 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, Rich and Gregory
Nays: None

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

RE-APPOINT COUNCILMEMBER BESS RICH TO THE MOBILE CITY PLANNING COMMISSION. The following resolution which was introduced and read at the regular meeting of Tuesday, November 14, 2017 and held over for one (1) week until the regular meeting of November 21, 2017 was called up by the Presiding Officer.

RESOLUTION: 03-739-2017

Sponsored by: Councilmember Manzie

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Bess Rich is hereby re-appointed as an Ex Officio member of the Mobile Planning Commission for a term ending October 31, 2018.

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

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

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

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

Councilmember Richardson moved for the suspension of the rules to consider Ordinance 65-048 being introduced for the first time. The motion was seconded by Councilmember Rich, 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.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 1016 HILLCREST ROAD (WEST SIDE OF HILLCREST ROAD, 575’ ± NORTH OF JOHNSTON LANE, EXTENDING TO THE NORTH SIDE OF JOHNSTON LANE, 350’ ± WEST OF HILLCREST ROAD) FROM R-1 AND B-3 TO B-3 (DISTRICT 6). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, November 28, 2017.

ORDINANCE: 64-047-2017

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:

BEGINNING AT THE NORTHEAST CORNER OF LOT 1, REVISED RICH'S SUBDIVISION AS RECORDED IN MAP BOOK 76, PAGE 80, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; THENCE SOUTH 00° 25' 08" WEST ALONG THE EAST LINE OF LOT 1 A DISTANCE OF 200.00 FEET; THENCE SOUTH 89° 53' 33" WEST 270.00 FEET TO THE WEST LINE OF LOT 1; THENCE NORTH 00° 24' 23" EAST 200.00 FEET TO THE NORTHWEST CORNER OF LOT 1; THENCE NORTH 89° 53' 33" EAST 270.04 FEET TO THE POINT OF BEGINNING.

The classification of said property is hereby changed from R-1, Single-Family Residential District and B-3, Community Business 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) site is limited to an approved Planned Unit Development; and 3) full compliance with all municipal codes and ordinances.

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

DELETE CHAPTER 52 AND SECTIONS OF CHAPTERS 11, 25 AND 28 AND CREATE NEW CHAPTER 52 OF THE MOBILE CITY CODE TO BE ENTITLED “REAL PROPERTY MAINTENANCE AND ENFORCEMENT.” The following ordinance

ORDINANCE: 65-048-2017

Sponsored by: Mayor Stimpson

AN ORDINANCE TO DELETE CHAPTER 52 AND SECTIONS OF CHAPTERS 11, 25 AND 28 AND CREATE NEW CHAPTER 52 OF THE MOBILE CITY CODE

WHEREAS the Council has determined that Article I, II and III of Chapter 52, entitled "Rollerskates and Skateboards" should be deleted in Its entirety; WHEREAS the Council has determined that Article V, Sections 81-98, entitled "Nuisance Abatement" of Chapter 11 should be deleted in its entirety;

WHEREAS the Council has determined that Article 11 of Chapter 25, entitled "Litter," and Article III, Divisions 1 and 2, of Chapter 25, entitled "Lot Maintenance" should be deleted in their entirety,

WHEREAS the Council has determined that Article IV of Chapter 28, Sections 41-50, entitled "Property Maintenance Code" of Chapter 28, should be deleted in its entirety;

WHEREAS, the Council has determined that the following Chapter of the City Code should be created: Chapter 52 and entitled: Real Property Maintenance and Enforcement

WHEREAS the Council has determined that the newly created Chapter 52 shall include the following Articles, and be adopted as:

Article I - Property Maintenance Code

Article II - Abatement of Unsafe Buildings and Structural Nuisances

Article III - Abatement of High Weeds and Grass (and Lot Clearing)

Article IV - General Real Property Nuisances (and Lot Maintenance)

Article V- Foreclosure of Code Enforcement Liens

Article VI - Redevelopment Project Areas

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOBILE DOES HEREBY ORDAIN AND DELETE FROM, AMEND AND ADD TO THE CITY CODE, AS FOLLOWS:

Section 1. Article I, II and III of Chapter 52 of the City Code, entitled "Rollerskates and Skateboards" is hereby deleted In Its entirety

Section 2. Article V, Sections 81-98, entitled "Nuisance Abatement" of Chapter 11 of the City Code Is hereby deleted In Its entirety

Section 3. Article II of Chapter 25, entitled "Litter," and Article 111, Divisions 1 and 2, of Chapter 25, entitled "Lot Maintenance," should be deleted in their entirety.

Section 4. Article IV of Chapter 28, Sections 41-50, entitled "Property Maintenance Code" of Chapter 28, of the City Code is hereby deleted in its entirety.

Section 5. A new Chapter 52 of the City Code, entitled "Real Property Maintenance and Enforcement" is hereby created and ordained, and shall include the following Articles:

Article I - Property Maintenance Code

Article II-Abatement of Unsafe Buildings and Structural Nuisances

Article III - Abatement of High Weeds and Grass (and Lot Clearing)

Article IV - General Real Property Nuisances (and Lot Maintenance)

Article V - Foreclosure of Code Enforcement Liens

Article VI - Redevelopment Project Areas as set out in full as Exhibit A attached hereto.

Section 6. The provisions of this Ordinance are severable. If any part of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, that declaration shall not affect the part or parts that remain.

Section 7. All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.

Section 8. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.

The ordinance was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be held over for two (2) weeks until the regular meeting of Tuesday, December 5, 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.

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 03-740 through 60-759, with the exception of 03-754, being introduced for the first time. The motion was seconded by Councilmember Williams, 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 SANFORD DAVIS TO THE BOARD OF ADJUSTMENT. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-740-2017

Sponsored by: Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Sanford Davis is re-appointed to the Board of Adjustment effective immediately for a term ending February 7, 2020.

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

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

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

RE-APPOINT LAURICE TOLIVER TO THE HISTORICAL PRESERVATION AUTHORITY OF THE CITY OF MOBILE. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-741-2017

Sponsored by: Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE. ALABAMA, that the Laurice Toliver is re-appointed to the Historical Preservation Authority of the City of Mobile effective immediately for a term ending March 22, 2026.

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

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

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

RE-APPOINT YVETTE CHESTANG TO THE HISTORY MUSEUM OF MOBILE BOARD. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-742-2017

Sponsored by: Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Yvette Chestang is re-appointed to the History Museum of Mobile Board effective December 31, 2017 for a term ending December 31, 2020.

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

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

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

RE-APPOINT AUSTILL LOTT TO THE MOBILE MUSEUM OF ART BOARD. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-743-2017

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Austin Lott is re-appointed to the Mobile Museum of Art Board effective December 31, 2017 for a term ending December 31, 2020.

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

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

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

RE-APPONT R. THOMAS ANKERSON, JR. (D5) AND JOHN PRITCHETT (D6) TO THE CIVIC CENTER ADVISORY BOARD. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-744-2017

Sponsored by: Councilmembers Daves and Rich

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following are re-appointed to the Civic Center Advisory Board effective immediately for a term ending November 15, 2019.

TERM ENDING;

R. Thomas Ankerson, Jr. (D5) November 15, 2019

John Pritchett (D6) November 15, 2019

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

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

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

RE-APPOINT SANDRA RANKIN (D1), DAVID CALAMETTI (D4) AND PETER VANLINGEN (D5) TO THE MOBILE TENNIS CENTER ADVISORY BOARD. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-745-2017

Sponsored by: Councilmembers Richardson, Williams and Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following are re-appointed to the Mobile Tennis Center Advisory Board effective immediately for a terms ending July 5, 2020.

Sandra Rankin (D1)

David Calametti (D4)

Peter Vanlingen (D5)

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

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

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

RE-APPOINT NANCY ROBINSON (D1), SISTER LUCINDIA CLAGHORN (D2), CHARLES M. COURTNEY (D4), CAROLYN GREENE (D5) AND MINNIE WALKER (D7) TO THE ADVISORY COMMISSION ON THE DISABLED. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-746-2017

Sponsored by: Councilmembers Richardson, Manzie, Williams,
Daves and Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following are re-appointed to the Advisory Commission on the Disabled effective December 31, 2017.

TERM ENDING:

Nancy Robinson (D1) December 31, 2019

Sister Lucindia Claghorn (D2) December 31, 2019

Charles M. Courtney (D4) December 31, 2019

Carolyn Greene (D5) December 31, 2019

Minnie Walker (D7) December 31, 2019

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

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

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

RE-APPOINT VANESSA DAVIS WRIGHT (D1), JOSEPH R PALMER, JR. (D5) AND SAMUEL L. DAVIS, III (D6) TO THE POLICE CITIZENS’ COMMUNITY RELATIONS ADVISORY COUNCIL. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-747-2017

Sponsored by: Councilmembers Richardson, Daves and Rich

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE. ALABAMA, that the following are re-appointed to the Police Citizens' Community Relations Advisory Council effective immediately.

TERM ENDING:

Vanessa Davis Wright (D1) November 1, 2019

Joseph R. Palmer, Jr. (D5) November 1, 2019

Samuel L. Davis, III (D6) November 1, 2019

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

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

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

RE-APPOINT SHIRLEY SESSIONS (D1), DAVID MCGRATH (D4), JOE DENTON (D5), JAY WEBER (D6) AND MIKE JOHNSON (D7) TO THE CITIZENS’ BUDGET AND FINANCE ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-748-2017

Sponsored by: Councilmembers Richardson, Williams, Daves,
Rich and Gregory

BE IT RESOLVED BY THE CITY GOUNGIL OF MOBILE, ALABAMA, that the following are re-appointed to the Citizens' Budget and Finance Advisory Committee effective immediately.

TERM ENDING:

Shirley Sessions (D1) November 1, 2019

David McGrath (D4) November 1, 2019

Joe Denton (D5) November 1, 2019

Jay Weber (06) November 1, 2019

Mike Johnson (07) November 1, 2019

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

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

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

RE-APPOINT REVEREND MILTON E. SAFFOLD (D1), CHARLOTTE KOPF (D4) AND LARRY C. DORSEY (D5) TO THE CITIZENS’ ADVISORY COMMITTEE ON CONTRACTING OPPORTUNITIES FOR SMALL BUSINESS AND MINORITY OWNED FIRMS. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-749-2017

Sponsored by: Councilmembers Richardson, Williams and Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE. ALABAMA, that the following are re-appointed to the Citizens' Advisory Committee on Contracting Opportunities for Small Business and Minority Owned Firms effective January 27, 2018.

TERM ENDING:

Reverend Milton E. Saffold (D1) January 27, 2020

Charlotte Kopf (D4) January 27, 2020

Larry C. Dorsey (D5) January 27, 2020

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

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

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

RE-APPOINT LANG HAMILTON (D1) AND CHARLES E. JACKSON, JR. (D5) TO THE PUBLIC TRANSIT ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-750-2017

Sponsored by: Councilmembers Richardson and Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following are re-appointed to the Public Transit Advisory Committee effective immediately.

TERM ENDING:

Lang Hamilton (D1) October 31, 2019

Charles E. Jackson, Jr. (D5) October 31, 2019

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

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

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

RE-APPOINT TIMOTHY HOLLIS (D1) AND LESLIE GOULA (D5) TO THE CITIZENS’ PARKS AND RECREATION ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-751-2017

Sponsored by: Councilmembers Richardson and Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE. ALABAMA, that the following are re-appointed to the Citizens' Parks and Recreation Advisory Committee effective immediately.
TERM ENDING:

Timothy Hollis (D1) November 1, 2019

Leslie Goula (D5) November 1. 2019

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

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

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

RE-APPOINT JEFF NEWMAN (D5) AND CAPTAIN EDDIE BURROW (D7) TO THE GOLF COURSE ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-752-2017

Sponsored by: Councilmembers Dave and Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following are re-appointed to the Golf Course Advisory Committee effective immediately.

TERM ENDING:

Jeff Newman (D5) September 11, 2020

Captain Eddie Burrow (D7) September 11, 2020

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

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

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

APPOINT BEN M. RADCLIFF, JR. TO THE CODES ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-753-2017

Sponsored by: Councilmember Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE. ALABAMA, that the Ben M. Radcliff, Jr. is appointed to the Codes Advisory Committee effective immediately for a term ending March 11, 2019.

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

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

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

APPOINT WANDA J. COCHRAN AS COUNCIL ATTORNEY. The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 28, 2017.

RESOLUTION: 03-754-2017

Sponsored by: Councilmembers Manzie, Richardson, Small and Rich

RESOLUTION APPOINTING COUNCIL ATTORNEY

FINDINGS

1. Alabama Code section 11-44C-36(c) (1975) provides:

Upon approval by a majority of those present and voting, the council, from time to time when it deems necessary and reasonable, is authorized to obtain legal counsel outside the city merit system to advise and defend them in their respective capacities as council members and in the pursuit of the operation of government.

2. The Council has determined that a need exists to retain the services of an attorney.

3. At its organizational meeting of November 6, 2017, the Council selected Wanda J. Cochran to serve as Council Attorney.

4. Ms. Cochran is qualified to provide legal services to the Council and has agreed to serve on the terms and conditions set forth in this Resolution.

NOW, THEREFORE be it resolved by the City Council of the City of Mobile, Alabama as follows:

(a) Term. The Council Attorney shall serve at the pleasure of the Council.

(b) Services. The Council Attorney shall be the legal advisor to the Council and shall:

(1) Advise officers. Advise the City Council, its members and committees on all matters relating to their official powers, duties and functions.

(2) Prepare ordinances. Be responsible for the preparation or review of all ordinances and resolutions and other documents requiring Council consideration or action as directed by the Council.

(3) Give opinions. Render legal opinions upon any question of law submitted by the Council through the Council President.

(4) Attend council meetings. Attend in person or by Council-approved designee all meetings of the Council or its committees.

(5) Assistance with Council Inquiries and Investigations. Upon request of the Council through the Council President, assist with any Council inquiry into the conduct of any office, department or agency of the City and any Council investigation as to municipal affairs, as set out in Alabama Code section 11-44C-21(4) (1975).

(6) Reports. Periodically, and upon request any member of the Council, summarize the ongoing legal work, and promptly report the outcome of any litigation.

(7) Records. Keep a complete record of all suits in which the council had or has an interest, giving the names of the parties, the court where brought, the nature of the action, the disposition of the case, or its condition if pending, and the briefs of counsel. The Council attorney shall also keep a complete record of all written opinions furnished to the Council.

(8) Deliver records to successor. Deliver all records, documents and property of every description in her possession belonging to the Council to the City Clerk.

(9) Professional Assistance. With the consent of the Council President, the council attorney may engage such other attorneys as are in her judgment needed to provide assistance in the representation of the Council. All retainer agreements and fee arrangements for such other attorneys shall be approved in advance by the Council President.

(10) Special counsel. In any case where the Council Attorney by reason of a conflict of interest cannot represent the Council, the Council shall appoint special counsel and fix her compensation.

(c) Compensation. The Council Attorney shall be paid one hundred fifty dollars ($150.00) per hour for all services performed, including telephonic and electronic communications, meeting attendance, document review an preparation, research, negotiations, and court appearances. Travel outside of Mobile County shall be reimbursed if deemed necessary by the Council Attorney and approved by the Council President in conformance with Council policy,

(d) Costs. The Council shall pay all out of pocket costs, including, but not limited to, postage, long distance phone calls, copy charges, mileage @ current IRS rate per mile, court or filing costs, depositions, court reporters, and any out-of-plan WESTLAW charges that are unique to Council work.

(e) Payment. All statements shall be paid within 30 days of submission.

(f) Insurance. Council Attorney may participate in the City's health insurance program.

(g) Effective Date. This Resolution shall be effective on and after November 7, 2017.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A SPECIAL RETAIL-MORE THAN 30 DAYS LICENSE FOR CLASSIC EVENTS, 1757 GOVERNMENT STREET. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 37-755-2017

Sponsored by: Councilmember Manzie

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

Type of application: Special Retail-More than 30 Days License

Submitted by: Imagine This Events, LLC

Location: Classic Events
1757 Government Street
Mobile, AL 36604

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR SIAM THAI CUISINE, 915 HILLCREST ROAD, SUITES C & D. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 37-756-2017

Sponsored by: Councilmember Rich

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: Siam Thai Cuisine, LLC

Location: Siam Thai Cuisine
915 Hillcrest Road, Suites C & D
Mobile, AL 36695

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be held over for one (1) week until the regular meeting of Tuesday, November 28, 2017, which was seconded by Councilmember Richardson. 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.

DECLARE WEEDS NOXIOUS, GROUP #1573. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 58-757-2017

A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES.

WHEREAS, a survey has been made to determine the properties upon which or in front of which noxious or dangerous weeds are growing and the agents or employees of the City of Mobile have obtained the legal description of parcels of property in the City of Mobile upon which or in front of which such weeds are growing, and it has been determined to follow the provisions of Act No. 329 of the Legislature of the State of Alabama, approved on April 28, 1988, and to have caused such weeds to be cut or otherwise abated as public nuisances:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE AS FOLLOWS:

SECTION 1: It has been determined by the City Council of Mobile that the weeds growing on the privately owned lots or parcels of land described in Exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part thereof as though set forth in full, known as Group #1573 under the caption "NOXIOUS OR DANGEROUS WEEDS GROWING ON PROPERTY," are noxious and dangerous, and such weeds are hereby declared to be public nuisances. The properties upon which such weeds are growing are all located within the corporate limits of the City of Mobile, about the streets referred to in the description which are more particularly described in said Exhibit "A."

SECTION 2: The weeds growing on or in front of the above described parcels of property shall be abated by the removal of such noxious or dangerous weeds or they will be removed and the nuisances abated by the City of Mobile, in which case the cost of such removal will be assessed against the respective parcels of lands from which such weeds are removed, and such cost will constitute a lien upon such respective parcels of land until paid. A public meeting is hereby called to be held in the Auditorium of the Mobile Government Plaza, 205 Government Street, Mobile, Alabama, on the 26th day of December. 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 Richardson 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.

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1566. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 58-758-2017

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. 1566 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 Richardson 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.

APPROVE AWARD OF SPECIAL BONUS TO JEREMY BURCH AND JOHNNY DUVAL AS PART OF THE MAYOR’S INCENTIVE PROGRAM, $500.00 EACH. The following resolution was introduced by Councilmember Small.

RESOLUTION: 60-759-2017

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.

These employees are to be commended for their exemplary work performance or innovations that significantly reduce costs or result in an ou


Search: