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 Dec 05, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA DECEMBER 5, 2017

The Council of the City of Mobile, Alabama, met in the City Council’s Conference Room on the ninth floor of the Mobile Government Plaza on Tuesday, December 5, 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: December 19, 2017

_____________________________
COUNCIL VICE PRESIDENT


CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, DECEMBER 5, 2017

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

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

Reverend Amanda Messer, Minister of Congregational Life, Ashland Place United Methodist Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Councilmember Manzie asked everyone to remain standing for a moment of silence in memory of long time Wintzell’s Oyster House employee Willie Brown.

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 28, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson read a proclamation honoring the efforts of the Conservation Corps.

Mayor Stimpson expressed his condolences for the passing of Willie Brown.

Mayor Stimpson invited citizens to Elf-A-Palooza, Mobile's chance to break the Guinness World Record for most elves in one place, Friday, December 8, 2017, from 5:00 – 7:00 p.m., in Bienville Square.

Mayor Stimpson announced that the City is changing all Monday garbage routes to Wednesday beginning the week of December 11.

Mayor Stimpson stated Ordinance 65-048 will consolidate decades of fragmented city codes into a single comprehensive chapter addressing real property maintenance and enforcement.

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 Tarshia McGinney, AWF Ministries, for a waiver of the Noise Ordinance at 2652 St. Stephens Road on December 5 through December 8, 2017, from 6:45 p.m. until 10:00 p.m. (District 1).

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 Megan Grantham for a waiver of the Noise Ordinance at 65 Government Street, Gulf Coast Exploreum, on December 16, 2017, from 7:05 p.m. until 12:00 a.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.

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 248 SOUTH SAGE AVENUE (WEST SIDE OF SOUTH SAGE AVENUE, 30’ ± NORTH OF THE WEST TERMINUS OF BRIERWOOD DRIVE) FROM R-1 AND B-2 TO R-1 (DISTRICT 5).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 248 South Sage Avenue from R-1 and B-2 to R-1 and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO CONSIDER AN AMENDMENT TO CHAPTER 64, SECTION 64-4.J. OF THE MOBILE CITY CODE, TELECOMMUNICATIONS TOWERS AND FACILITIES, TO MAKE ALLOWANCES FOR NEW TECHNOLOGIES.

The Presiding Officer announced that today was the day for the public hearing consider an amendment to Chapter 64, Section 64-4.J. of the Mobile City Code and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PRESENTATIONS OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

Ronald Hunt, 1351 Sandra Drive, spoke about Resolution 21-775.

NON-AGENDA ITEMS:

Janice Robinson, 2725 Josephine Street, presented her concerns to the Council regarding speeding and dangerous traffic on Josephine Street.

Marty O’Malley, L’Arche Mobile, 151 South Ann Street, invited the Council to participate in the First Light Marathon and various Dr. Martin Luther King, Jr. Day events.

ORDINANCES HELD OVER:

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 which was introduced and read at the regular meeting of Tuesday, November 21, 2017 and held over until the regular meeting of December 5, 2017 was called up by the Presiding Officer.

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 Daves moved that the resolution adopted, which was seconded by Councilmember Williams.

Councilmember Daves then moved to amend the original ordinance as follows, which move 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 amendment adopted.

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 III, Divisions 1 and 2, of Chapter 25, entitled “Lot Maintenance” should be deleted in its 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 III, Divisions 1 and 2, of Chapter 25, entitled “Lot Maintenance” of the City Code is hereby deleted in its 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. Article II of Chapter 25, Sections 35, 37, and 38, of the City Code is hereby deleted in its entirety.
Section 6. 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 to 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. Any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in this Ordinance shall be affected, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 9. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.

Tthe 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 amendment adopted.

The Presiding Officer called for the vote on the original motion as amended, 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 as amended.

CIP RESOLUTIONS HELD OVER:

SPECIALTIES, INC. FOR FORT CONDE-ROOF REPAIRS, $129,205.00 (2018 CIP #1001, CITY-WIDE; FC-239-17; CO252). The following resolution which was introduced and read at the regular meeting of Tuesday, November 28, 2017 and held over until the regular meeting of December 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-775-2017

Sponsored by: Councilmember Manzie and Mayor Stimpson

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

Name of company: Dobson Sheet Metal & Roofing & Specialties, Inc.

Project name: Fort Conde - Roof Repairs

Project number: FC-239-17

Amount: $129,205.00

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.

RESOLUTIONS HELD OVER:

REALLOCATE $1,000.00 FROM DISTRICT 7 DISCRETIONARY ACCOUNT DSC-07, GENERAL FUND ACCT. 10041020.42080 TO GENERAL FUND DEPT. 0560, MOBILE MUSEUM OF ART, GENERAL FUND ACCT. 10040560.42200 TO BE USED FOR THE EXHIBITION “POSING BEAUTY IN AFRICAN AMERICAN CULTURE.” The following resolution which was introduced and read at the regular meeting of Tuesday, November 28, 2017 and held over until the regular meeting of December 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-776-2017

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $1,000.00 be transferred from the General Fund, District 7 Discretionary Account DSC-07, 10041020.42080, to the General Fund Department 0560, Mobile Museum of Art, 10040560.42200. The funds are being transferred to be used for the exhibition "Posing Beauty in African American Culture".

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

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

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

REALLOCATE $1,000.00 FROM DISTRICT 3 DISCRETIONARY ACCOUNT DSC-03, GENERAL FUND ACCT. 10041010.42080 TO GENERAL FUND DEPT. 0560, MOBILE MUSEUM OF ART, GENERAL FUND ACCT. 10040560.42200 TO BE USED FOR THE EXHIBITION “POSING BEAUTY IN AFRICAN AMERICAN CULTURE.” The following resolution which was introduced and read at the regular meeting of Tuesday, November 28, 2017 and held over until the regular meeting of December 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-777-2017

Sponsored by: Councilmember Small

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $1,000.00 be transferred from the General Fund, District 3 Discretionary Account DSC-03, 10041020.42080, to the General Fund Department 0560, Mobile Museum of Art, 10040560.42200. The funds are being transferred to be used for the exhibition "Posing Beauty in African American Culture".

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

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

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

REALLOCATE $1,000.00 FROM DISTRICT 2 DISCRETIONARY ACCOUNT DSC-03, GENERAL FUND ACCT. 10041010.42080 TO GENERAL FUND DEPT. 0560, MOBILE MUSEUM OF ART, GENERAL FUND ACCT. 10040560.42200 TO BE USED FOR THE EXHIBITION “POSING BEAUTY IN AFRICAN AMERICAN CULTURE.” The following resolution which was introduced and read at the regular meeting of Tuesday, November 28, 2017 and held over until the regular meeting of December 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-778-2017

Sponsored by: Councilmember Manzie

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $1,000.00 be transferred from the General Fund, District 2 Discretionary Account DSC-02, 10041020.42080, to the General Fund Department 0560, Mobile Museum of Art, 10040560.42200. The funds are being transferred to be used for the exhibition "Posing Beauty in African American Culture".

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

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

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

REALLOCATE $1,200.00 FROM DISTRICT 6 DISCRETIONARY ACCOUNT DSC-06, TO THE CAPITAL IMPRS. FUND 2000, CAPITAL PROJECT E0043, TRAFFIC ENGINEERING-STREET TRAFFIC IMPROVEMENTS TO BE USED TO PURCHASE DECORATIVE POLES FOR THE SAVANNAH TRACE SUBDIVISION. The following resolution which was introduced and read at the regular meeting of Tuesday, November 28, 2017 and held over until the regular meeting of December 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-779-2017

Sponsored by: Councilmember Rich

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $1,200.00 be transferred from the General Fund, District 6 Discretionary Account DSC-06 to the Capital Improvements Fund, Capital Project E0043, Traffic Engineering- Street Traffic Improvements to be used to purchase decorative poles for the Savannah Trace Subdivision.

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

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

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

REALLOCATE $478.96 FROM DISTRICT 7 DISCRETIONARY ACCOUNT DSC-07, TO THE GRANT FUND 5700, CPD GENERAL ADMINISTRATION TO BE USED TO COMPLETE THE CONTRIBUTION FOR RENOVATIONS AT 7220 BISHOP PHILLIPS AVENUE IN MOBILE TERRACE. The following resolution which was introduced and read at the regular meeting of Tuesday, November 28, 2017 and held over until the regular meeting of December 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-780-2017

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $478.96 be transferred from the General Fund, District 7 Discretionary Account DSC-07, to the Grant Fund 5700, CPD General Administration. The funds are to be used to complete the contribution for renovations at 7220 Bishop Phillips Avenue in Mobile Terrace.

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

Ayes: Richardson, Manzie, Small, Williams, Daves, 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 SUNRISE CONTRACTING SERVICES, INC. FOR FIRE STATION NO. 16-CAPTAIN’S BATHROOM RENOVATIONS, $9,925.00 (FD-191-17; CO109). The following resolution which was introduced and read at the regular meeting of Tuesday, November 28, 2017 and held over until the regular meeting of December 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-781-2017

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.
I
Name of company: Sunrise Contracting Services, Inc.

Project name: Fire Station No. 16 - Captain's Bathroom Renovations

Project number: FD-191-17

Amount: $9,925.00

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.

AUTHORIZE CONTRACT WITH VES TO REPLACE SECTIONAL DOORS, FIRE STATION NO. 16 AND NO. 17, $12,170.00 (PB-101-18). The following resolution which was introduced and read at the regular meeting of Tuesday, November 28, 2017 and held over until the regular meeting of December 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-782-2017

Sponsored by: Councilmembers Manzie and 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: VES
I
Project Name: REPLACE SECTIONAL DOORS
FIRE STATION NO. 16 AND NO. 17

Project number: PB-101 -18

Amount: $12,170.00

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.

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE THE SOUTH ALABAMA REGIONAL PLANNING COMMISSION TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT FOR MOBILE GREENWAY: SEGMENT 6 NORTH, $650,000.00 ($130,000.00 CDBG MATCH). The following resolution which was introduced and read at the regular meeting of Tuesday, November 28, 2017 and held over until the regular meeting of December 5, 2017 was called up by the Presiding Officer.

RESOLUTION: 31-783-2017

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Parks Director of the Parks & Recreation Department is authorized to make application to the South Alabama Regional Planning Commission for a grant under the Transportation Alternative Program (TAP).

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant application and to provide any information required by SARPC or ALDOT.

BE IT FURTHER RESOLVED that grant proposes to construct ADA compliant biking and pedestrian path along Three Mile Creek from University of South Alabama Medical Center to Strickland Youth Center.

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.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 248 SOUTH SAGE AVENUE (WEST SIDE OF SOUTH SAGE AVENUE, 30’ ± NORTH OF THE WEST TERMINUS OF BRIERWOOD DRIVE) FROM R-1 AND B-2 TO R-1 (DISTRICT 5). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, December 12, 2017.

ORDINANCE: 64-049-2017

Sponsored by: Councilmember Daves

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:

COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 1 WEST, MOBILE COUNTY, ALABAMA; THENCE WEST 438 FEET TO A POINT; THENCE SOUTH 89°02'41" WEST A DISTANCE OF 110.59 FEET TO A POINT MARKED; THENCE NORTH 00°34'35" WEST A DISTANCE OF 399.67 FEET TO A POINT; THENCE NORTH 89°37'36" EAST A DISTANCE OF 9.23 FEET TO A POINT; THENCE NORTH 0D°33'25” WEST A DISTANCE OF 10.00 FEET TO A POINT; THENCE EAST A DISTANCE OF 497.52 FEET TO A POINT ON THE WEST MARGIN OF THE RIGHT OF WAY OF SAGE AVENUE; THENCE SOUTH 00°34'35" EAST ALONG SAID WEST MARGIN A DISTANCE OF 10.00 FEET TO A POINT; THENCE CONTINUING ALONG SAID WEST MARGIN, SOUTH 0D°27'47" EAST A DISTANCE OF 205.04 FEET TO A POINT; THENCE DEPARTING SAID WEST MARGIN, SOUTH 88°48'58" WEST A DISTANCE OF 395.85 FEET TO A POINT; THENCE SOUTH 00°36'11" EAST A DISTANCE OF 184.67 FEET TO THE POINT OF BEGINNING AND CONTAINING 131875 SQ. FT. (3.03 AC.) MORE OR LESS

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

AMEND CHAPTER 64, SECTION 64-4.J. OF THE MOBILE CITY CODE, TELECOMMUNICATIONS TOWERS AND FACILITIES, TO MAKE ALLOWANCES FOR NEW TECHNOLOGIES. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, December 12, 2017.

ORDINANCE: 64-050-2017

AN ORDINANCE TO AMEND CHAPTER 64, MOBILE CITY CODE, AS AMENDED, TO MAKE ALLOWANCES FOR NEW TECHNOLOGIES.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA THAT CHAPTER 64 OF THE MOBILE CITY CODE, "ZONING," IS HEREBY AMENDED AS FOLLOWS:

Section 1. Section 64-4 J. of the Mobile City Code, as amended, is hereby amended and reading in its entirety as follows:

Sec. 64-4. - Supplementary regulations.

J. Telecommunications towers and facilities.

1. Findings.

a. The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over:

(1) The regulation of the environmental effects of radio frequency emissions from telecommunications facilities.

(2) The regulation of radio signal interference among users of the radio frequency spectrum.

b. The city's regulation of towers and telecommunications facilities cannot have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Act.

2. Purposes. The general purpose of this subsection is to regulate the placement, construction and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in Mobile.

Specifically, the purposes of this subsection are:

a. To regulate the location of towers and telecommunications facilities in the city;
b. To protect residential areas and land uses from potential adverse impact of towers and telecommunications facilities;

c. To minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;

d. To promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;

e. To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or determined to be structurally unsound;

f. To ensure that towers and telecommunications facilities are compatible with surrounding land uses; and

g. To facilitate the provision of wireless telecommunications services to the residents and businesses of the city in an orderly fashion.

3. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

a. AASHTO means American Association of State Highway and Transportation Officials

b. Antenna means a wireless antenna, including a macrocell antenna and a microcell antenna.

c. Antenna support structure means any building or other structure forty-five (45) feet in height or taller and which complies with the maximum height allowed in the district in which it is located, other than a tower which can be used for location of telecommunications facilities.

d. Applicant means any person that applies for a permit for telecommunications facilities.

e. Application means the process by which an owner submits a request to develop, construct, build, modify or erect telecommunications facilities. "Application" includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city after the initial written application is submitted concerning such a request.

f. Base Station means structure or equipment at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network. This term does not include a tower or any equipment associated with a tower. This term Includes, without limitation:

(1) Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks).

(3) Any structure other than a tower that, at the time the relevant application is filed with the City under this section, supports or houses equipment described in paragraphs (1)-(2) above and has been previously reviewed and approved by the City.

g. Camouflage means any tower or telecommunications facility which is designed to minimize a visual impact and to blend into the surrounding environment. The term "camouflage" does not necessarily exclude the use of uncamouflaged lattice, guyed or monopole tower designs.

h. City means the City of Mobile, Alabama.

i. Collocation means the mounting or installation of transmission equipment on any existing tower or base station that exists at the time the application is filed with the City for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

j. Eligible Facilities Request means any request for modification of an existing tower or base station that, within the meaning of the Spectrum Act, does not substantially change the physical dimensions of the tower or base station and involves (1) the collocation of new transmission equipment, (2) the removal of transmission equipment, or (3) the replacement of transmission equipment.

k. Engineer means any structural engineer licensed by the State of Alabama.

I. Existing means, for a constructed tower or base station, that the tower or base station has been previously reviewed and approved under the applicable City zoning or siting process, or under another applicable State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is "Existing."

m. FAA means the Federal Aviation Administration.

n. FCC means the Federal Communications Commission.

o. MUTCD: Manual on Uniform Traffic Control Devices, for Streets and Highways, as published by the US Department of Transportation Federal Highway Administration

p. Owner means any person with fee title, or with written permission from a person with fee title, to any plot of land within the city who desires to develop, construct, build, operate, modify or erect telecommunications facilities upon such land.

q. Person is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

r. Spectrum Act means Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act of 2012, 47 U.S.C. § 1455(a).

s. Substantially changes means a modification of an existing tower or base station where any of the following criteria is met:

(1) For a tower not located in the public rights-of-way:

a. The height of the tower is increased by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; or

b. There is added an appurtenance to the body of the tower that would protrude from the tower by more than twenty feet or more than the width of the tower at the level of the appurtenance, whichever is greater.

(2) For a tower located in the public rights of way and for all base stations, refer to City Code Chapter 57:

a. The height of the tower or base station is increased by more than ten percent or ten feet, whichever is greater; or

b. There is added an appurtenance to the body of that structure that would protrude from the edge of that structure by more than six feet; or

c. It involves the installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure; or

d. It involves the installation of any new equipment cabinets on the ground if there is no pre-existing ground cabinet associated with that structure.

(3) For any tower or base station:

a. It involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or

b. There is entailed in the proposed modification any excavation or deployment outside of the current site of the tower or base station; or

c. The proposed modification would cause the concealment or camouflage elements of the tower or base station to be defeated; or

d. The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the tower or base Station, unless this non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding thresholds in this section.

(4) To measure changes in height for the purposes of this definition, the baseline is:

a. For deployments that are or will be separated horizontally, measured from the original support structure;

b. For all others, measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved by the City prior to February 22, 2012.

(5) To measure changes for the purposes of this definition, the baseline is the dimensions that were approved by the City prior to February 22, 2012.

t. Telecommunications facilities means antennas, transmission equipment, towers, base stations, or antenna support structures. However, the term "telecommunication facilities" shall not include:

(1) Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned industrial or commercial;

(2) Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.

u. Tower means a structure built for the sole or primary purpose of supporting any FCC licensed or FCC-authorized Antenna, including any structure that is constructed for Wireless Communications Services. "Tower" does not include a Base Station.

v. Transmission Equipment means equipment that facilitates transmission of any FCC licensed or authorized Wireless Communications Services. Transmission Equipment includes an Antenna and its associated equipment, which includes any and all on-site equipment, such as back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, shelters, radio transceivers, regular power supply units, and wiring, to which a wireless antenna is attached in order to facilitate mobile broadband service and personal wireless service delivered on mobile broadband devices.

w. Wireless Communications Services means without limitation, commercial mobile radio services, personal wireless services, all FCC-licensed or authorized back-haul and other fixed wireless services, broadcast, private, and public safety communication services, and unlicensed wireless services.

4. Permit Required. Except as otherwise allowed, no person shall erect, modify, install, or construct any telecommunications facilities without a permit. To obtain a permit, a person must submit an application to the Zoning Department for applications on private property and to the Engineering Department for applications on the Right of Way or City property with any applicable fees as may be established by the City, using the engineer's certification form from the Zoning Department for applications on private property and from the Engineering Department for applications on the Right of Way or City property. All permits shall comply with all structural and safety standards adopted by the city, including, but not limited to: AASHTO, MUTCD, International Building Code and International Electrical Code, as adopted by the City, City Code Chapter 57, and City Code Chapter 17, Storm Water Management and Flood Control Ordinance. The following categories of permits are established:

a. Class 1. A Class 1 permit shall be required for an eligible facilities request, as defined in this section.

b. Class 2. A Class 2 permit shall be required for: (i) any modification of an existing tower or base station, including the collocation of new equipment, that substantially changes the physical dimensions of the existing tower or base station on which it is mounted; and (ii) any collocation not eligible for a Class 1 Permit.

c. Class 3. A Class 3 permit shall be required for the siting of any telecommunications facilities that is not a collocation subject to a Class 1 or Class 2 Permit.

5. Application Review Process.

a. Applications shall be reviewed within a reasonable period of time.

(1) Applications for Class 1 permits shall be acted on as provided in paragraph c.

(2) Applications for Class 2 permits shall be acted on within 90 days, adjusted for any toiling as described in paragraph b.

(3) Applications for Class 3 permits shall be acted on within 150 days, adjusted for any tolling as described in paragraph b.

b. The timeframe for review shall begin to run when the application is submitted, but shall be toiled if the City finds the application incomplete and requests that the applicant submit additional information to complete the application. Such requests shall be made within 30 days of submission of the application. After submission of additional information, the City will notify the applicant within 10 days of this submission if the additional information failed to render the application complete. Applications may also be tolled by mutual agreement of the City and the applicant.

c. The City shall grant applications for Class 1 permits within 60 days, adjusted for any tolling as described in paragraph b., provided that the City finds that the applicant proposes an eligible facilities request.

(1) The City shall impose the following conditions on the grant of a Class 1 permit: (I) the proposed modification or collocation shall not defeat any existing camouflage elements of the existing tower or base station;

(2) To the extent federal law provides a "deemed granted" remedy for Class 1 permit applications not timely acted on by the City, no such application shall be deemed granted until the applicant provides notice to the City, in writing, after the time provided in paragraph c. has expired. Any Class 1 permit that is deemed granted by operation of federal law shall be subject to the conditions listed in paragraph c. (1).

(3) If the City determines that the application does not qualify as an eligible facilities request, the City will notify the applicant in writing of that determination and will process the application as a Class 2 or Class 3 permit application, as applicable.

d. The City may approve, approve with conditions, or deny an application for a Class 2 or Class 3 permit. The City's decision shall be in writing and supported by substantial evidence contained in a written record.

e. In addition to application fee, application fee, applicants shall also reimburse the City for any actual, out of pocket costs incurred in reviewing the applications, including, but not limited to, engineers and other technical consultants.

6. Development of towers.

a. A tower shall be a permitted use "by right" in zoning districts 1-1 and 1-2. A tower shall be a prohibited use in zoning districts R-A, R-1, R-2, R-3, R-B, and H-B. No person shall build, erect or construct a tower upon any plot of land within a zoning district designated B-1, B-2, B-3, B-4, or B-5 unless planning approval has been granted by the Mobile city planning commission. Application shall be made to the Mobile city planning commission In the manner provided in the chapter.

b. No person shall build, erect or construct a tower upon any plot of land within any zoning district unless required building permits and permits and approvals have been obtained from the urban development department of the city.

c. Towers shall be permitted to height of one hundred eighty (180) feet in 1-1 and 1-2 zoning districts. Towers may be permitted in excess of the maximum height allowed for the zoning district in which it is located in accordance with subsection J.I8.b, "Criteria for Site Plan Development Modifications," and, if granted a variance by the board of zoning adjustment.

d. The city may authorize the use of city property in appropriately zoned districts in accordance with applicable law; however, the City shall have no obligation whatsoever to use City property for such purposes.

e. No new tower shall be built, constructed or erected in the city unless such tower is capable of supporting another person's operating telecommunications facilities comparable in weight, size and surface area to applicant's final design. For the purposes of this paragraph, applicant's final design shall mean the telecommunications facilities on the applicant's tower within six (6) months of the completion of tower construction.

f. An application to develop a tower shall include:

(1) The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner shall be evidenced in the application.

(2) The legal description, parcel identification number, key number and address of the parcel of land upon which the tower is situated.

(3) The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within a one-half mile radius of the proposed new tower site, including city-owned property.

(4) Written documentation that the applicant: (1) Made diligent, but unsuccessful efforts for a minimum of forty-five (45) days prior to the submission of the application to install or collocate the applicant's telecommunications facilities on towers or usable antenna support structures owned by the city and other persons located within a one-half mile radius of the proposed tower site; or (2) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or usable antenna support structure located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system.

(5) Written, technical evidence from an engineer that the proposed structure meets the standards set forth in subsection J.6, "Structural Requirements" of this section.

(6) Written, technical evidence from an engineer that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire or other danger due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, corrosive or other dangerous chemicals within the site.

(7) A map of the city and the first half-mile of all bordering communities showing the design and location of the applicant's entire existing wireless telecommunications network. Such map shall also show the location of the proposed tower and antenna sites which are the subject of the application, their dimensions, and specifications of the site.

(8) Certificate from an engineer documenting collocation capability of the applicant's telecommunications tower.

(9) An accurate photo simulation depicting how (i) the tower would appear as proposed, and (ii) the proposed tower would appear if a collocation that did not substantially change the physical dimensions for the tower was later added.

(10) If the applicant alleges that failure to approve the application will result in unreasonable discrimination among providers of functionally equivalent services pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(l) arid/or that failure to approve the application will prohibit or have the effect of prohibiting personal wireless services pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(Il), the applicant must so state on the application and provide documentation in support of this claim.

7. Setbacks.

a. All towers shall be set back as follows:

(1) For 1-1 and 1-2, setback shall be on all sides a distance equal to the underlying setback requirement for the particular zoning district.

(2) For B-1, B-2, B-3, B-4 or B-5, setback on all sides shall be a distance equal to the height of the tower, unless the applicant submits an engineer's certification and otherwise demonstrates to the planning commission the safety of the proposed design.

b. Setback requirements for towers shall be measured from the base of the tower to the line of the lease parcel on which it is located.

8. Structural requirements. All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the current building code as adopted by the city, as may be amended from time to time and any other standards outlined in this article.

a. Towers must be located and equipped with step bolts and ladders so as to provide ready access for inspection purposes
;
b. Guidewires or other tower accessories must not cross or encroach upon any street or other public place or over any electric power lines or encroach upon any other privately owned property without written consent of the owner;

c. All towers must be constructed of approved corrosion resistant non-combustible material. The minimum type of construction for isolated radio towers, not more than 100 feet in height, must be of type 4;

d. Towers must be designed to resist wind loads in accordance with EIA/TIA-222-F series. Consideration must be given to conditions involving wind loads on ice-covered sections and localities subject to sustained freezing temperatures;

e. All towers must be permanently and effectively grounded.

9. Separation or buffer requirements.

a. Towers shall be separated from all residentially zoned lands, Including R-B and H-B, by a minimum of two hundred (200) feet or one hundred fifty (150) percent of the height of the proposed tower, whichever is greater.

b. Tower separation distances for the purposes of compliance with this subsection shall be measured from the base of a tower to the closest point of residentially zoned land.

10. Method of determining tower height. Except as otherwise provided for eligible facilities requests, measurement of tower height for the purpose of determining compliance with all requirements of this subsection shall include the tower structure Itself, the base pad, and any other telecommunications facilities attached thereto. Tower height shall be measured from grade.

11. Illumination. Towers shall not be artificially lighted except as required by FAA. Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is three hundred (300) percent of the height of the tower from the tower, and when required by federal law, dual mode lighting shall be requested from the FAA.

12. Fencing. Any fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities shall be constructed in accordance with the fencing requirements as defined by the zoning district and the chart of permitted uses where the tower or antenna support structure is located, unless more stringent fencing requirements are required by FCC regulations.

13. Landscaping. All landscaping on parcels containing towers, antenna support structures or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure or telecommunications facilities are located.

14. Noise. No equipment shall be operated at towers and telecommunication facilities so as to produce noise in excess of the applicable noise standards under WAC 173-60, except during emergencies, or periodic routine maintenance which requires the use of a backup generator, where the noise standards may be exceed temporarily.

15. Electromagnetic radiofrequency emissions.

a. The Federal Telecommunications Act of 1996 (FTA) gives the FCC sole jurisdiction to regulate radiofrequency (RF) emissions, and telecommunications towers which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts.

b. In order to provide information to its citizens, copies of ongoing FCC information concerning telecommunication towers and facilities and radiofrequency emission standards shall be made available. Applicants for tower sites shall be required to provide information on the projected power density of the facility and how this meets the FCC standards.

16. Access. All parcels upon which towers are located must provide paved access to at least one paved vehicular parking space on site, except 1-2 districts.

17. Maintenance.

a. Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

b. Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.

c. All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.

d. In the event the use of a tower is discontinued by the tower owner, or if the tower owner ceases to operate the tower, the tower owner shall provide written notice to the city of its intent to discontinue use or cease operations, and the date when the use shall be discontinued.

18. Camouflage and Aesthetics. Wireless facilities, support structures, antennas and related facilities shall meet the following requirements;

a. They shall be designed and placed in such a manner so as to be screened to minimize their distraction from surrounding properties and public rights-of-way. This shall include the color of the tower, antenna or related facility, the materials and textures of such tower, antenna or related facilities, and the materials or devices used to screen, conceal or blend the tower, antenna or related facility into or with the surrounding properties and development.

b. Along the right of way, the design of the related facilities shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must make the antenna and related equipment as visually unobtrusive as possible.

d. Wireless facilities and support structures shall be designed and constructed to be stealth/camouflaged. The terms stealth or camouflage shall mean the following:

(1) The nature of design and construction do not draw undue attention to the structure;

(2) Design and construction cannot clearly be distinguished from the general character of the area in which they are located; and

(3) Design and construction do not cause a conflict with the appearance, character and aesthetics of the site upon which the facility is located, the surrounding properties or the general neighborhood in which they are located.

e. Methods of achieving stealth/camouflage may include:

(1) Ensure that physical design and construction are concealed within an architecturally designed feature/structure newly constructed on site, which matches or compliments the existing main structures on-site and in the surrounding area.

(2) Locating the facility/tower and associated antenna/supporting equipment on or within an existing structure or building already on a site with no obviously distinguishable changes to that structure.

f. Wireless facilities and support structures in historic districts shall be consistent with the design standards for historic districts, see City Code, Chapter 44, Article IV.

19. Telecommunications facilities on antenna support structures.

a. Any telecommunications facilities which are not attached to a tower may be permitted as an accessory use to any antenna support structure at least forty-five (45) feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Except as provided in paragraph e., telecommunications facilities are prohibited on all other structures. The owner of the structure on which the proposed telecommunications facilities would be installed shall, by written certification to the urban development department, establish the following at the time plans are submitted for a building permit that:

b. The telecommunications facilities shall not extend more than twenty (20) feet above the maximum height of the antenna support structure;

c. The antenna support structure and telecommunications facilities comply with the current building code as adopted by the city, as may be amended from time to time; and

d. Any telecommunications facilities and their appurtenances located upon the roof of an antenna support structure are set back at least one (1) foot from the edge of the roof of the antenna support structure. However, this setback requirement shall not apply to:

(1) Telecommunications facilities and their appurtenances, located above the roof of an antenna support structure if such facilities are appropriately screened from view through the use of panels, walls, fences or other screening techniques approved by the City.

(2) Camouflage antennas which are mounted to the exterior of antenna support structures below the roof, but which do not protrude more than twenty-four (24) Inches from the side of such an antenna support structure.

e. Telecommunications facilities shall not be prohibited as described in paragraph a. where the application Is for a Class 1 eligible facilities request, or where the applicant can demonstrate that denial of the application would violate 47 U.S.C. § 332(c)(7)(B)(l)(l) or

20. Existing towers.

a. An existing tower may be modified or demolished and rebuilt to accommodate collocation of additional telecommunications facilities as follows:

(1) Tower shall be a permitted use "by right" In zoning districts 1-1 and 1-2. A tower shall be a prohibited use In zoning districts R-A, R-1, R-2, R-3, R-B, and H-B. No person shall build, erect or construct a tower upon any plot of land within a zoning district designated B-1, B-2, B-3, B-4, or B-5 unless planning approval has been granted by the Mobile city planning commission. Application shall be made to the Mobile City Planning Commission in the manner provided in this chapter.

(2) No person shall build, erect, or construct a tower upon any plot of land within any zoning district set forth above unless required building permits and approvals have been obtained from the urban development department of the City.

(3) The total height of the modified tower and telecommunications facilities attached hereto shall not exceed the current height of the tower or the maximum height allowed under this article. Certification by a structural engineer shall be required to meet collocation standards.

(4) A tower which is being rebuilt to accommodate the collocation of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this article. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this article, such setback requirement may be waived to allow the tower to be rebuilt in its exact previous location, or within a twenty-five-foot radius of the previous location.

b. Criteria for site development modifications.

(1) The Mobile City Planning Commission may grant approval of a site plan development modification pursuant to subsection 20.c. If a person, upon application to the City, demonstrates with written evidence that:

(a) The location, shape, appearance or nature of use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood In which the tower is proposed to be located; and,

(b) The site plan development modification will not create any threat to the public health, safety or welfare.

(2) In addition to the requirements of subparagraph (a) of this section, in the following cases, the applicant must also demonstrate with written evidence, the following:

(a) In the case of a requested modification to the setback requirement, that the area of the parcel of land upon which the tower is proposed to be located makes compliance with subsection J.7. impossible, and the only alternative for the person is to locate the tower at another site which poses a greater threat to the public health, safety or welfare or Is closer in proximity to a residentially zoned land;

(b) In the case of a request for modification of the height limit in a zoning district for towers and telecommunications facilities, that the modification is necessary to (i) facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or (ii) meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an electrical engineer(s)

c. The board of zoning adjustment may


Search: