Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


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The City Council meets every Tuesday


9:00 a.m. - Pre Council Meeting in the Council Conference Room on the 9th Floor of the South Tower in Government Plaza.

10:30 a.m. - The Council Meeting begins in Government Plaza Auditorium on the First Floor.


Council minutes for Jan 16, 2018

MUNICIPAL BUILDING, MOBILE, ALABAMA JANUARY 16, 2018

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, January 16, 2018, at 9:00 a.m.

Present:
Chairman: City Clerk Lisa C. Lambert
Councilmembers: Richardson, Small, Williams, Daves, Rich and Gregory
Absent: Manzie

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

The Presiding Officer adjourned the meeting.

Approved: January 23, 2018

_____________________________
COUNCIL VICE PRESIDENT


CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, JANUARY 16, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, January 16, 20178, at 10:30 a.m., in regular meeting.

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

Doctor Alan Floyd, Cottage Hill Baptist 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 January 9, 2018 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson presented a proclamation to St. Luke’s Episcopal School varsity football team congratulating them for winning the 5A State Championship.

Mayor Stimpson reported that he participated in several events in honor of Dr. Martin Luther King, Jr. Day.

Mayor Stimpson announced citizens can now find garbage, trash and recycling information on the City of Mobile's free app, “Recycle Coach,” available on Google Home and Amazon Alexa.

Mayor Stimpson advised residents to stay warm and cautious during the winter storm that will affect Mobile over the next forty-eight hours.

Councilmember Small read a proclamation declaring today as “Kappa Alpha Psi Krimson and Kream Day” in Mobile in honor of all of the meaningful contributions Kappa Alpha Nu Fraternity gives to the community.

ADOPTION OF THE AGENDA:

Councilmember Richardson moved to adopt the agenda, which motion 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 agenda adopted.

APPEALS:

The Council considered the request of Danielle McWhorter, J & M Displays (for Tyler Richardson Mobile Mystics) for a waiver of the Noise Ordinance at 101 South Water Street, Cooper Riverside Park, on February 3, 2018, from 11:59 p.m. until 12:05 a.m. (District 2).

Councilmember Daves moved that the waiver be granted which motion 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 waiver granted.

The Council considered the request of J. Boyd Douglas, Order of Myths, for a waiver of the Noise Ordinance at 254 St. Anthony Street on February 11, 2018, from 11:30 a.m. until 6:00 p.m. (District 2).

Councilmember Daves moved that the waiver be granted which motion 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 waiver granted.

The Council considered the request of J. Boyd Douglas, Order of Myths, for a waiver of the Noise Ordinance at 254 St. Anthony Street on February 13, 2018, from 6:00 p.m. until 10:00 p.m. (District 2).

Councilmember Daves moved that the waiver be granted which motion 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 waiver granted.

The Council considered the request of Lt. Kay Taylor, Mobile Police Department, for a waiver of the Noise Ordinance at Chateau Square (Dauphin Street at Claiborne Street) on January 20, 2018, from 7:00 a.m. until 2:00 p.m. (District 2).

Councilmember Daves moved that the waiver be granted which motion 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 waiver granted.

The Council considered the appeal of the Mobile Tree Commission’s decision to deny a permit to remove certain trees in the Bit & Spur Road right-of-way.

Those persons speaking in favor of the appeal:

1. Ricardo Woods, City of Mobile Attorney, 205 Government Street
2. Bryan Thames, 150 Batre Lane
3. Rita Langas, 1272 Bit & Spur Road

Those persons speaking in opposition of the appeal:

1. William Rooks, 1820 Canebrake Court, North
2. Jesse McDaniel, 1153 Old Shell Road

Councilmember Daves moved that the appeal be granted which motion was seconded by Councilmember Gregory. Following comments from Councilmembers Daves, Rich, Williams 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 appeal granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO CONSIDER THE APPLICATION OF CHRISTOPHER JENKINS D/B/A SUPERIOR CAB SERVICE, FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A TAXICAB SERVICE.

The Presiding Officer announced that today was the day for the public hearing to consider the application of Christopher Jenkins d/b/a Superior Cab Service for a Certificate of Public Convenience and Necessity and asked if there was anyone present to speak for or against this matter.

Christopher Jenkins, 616 Cherokee Street, spoke in support of his application.

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:

Reggie Hill, 200 Government Street, voiced his concerns and posed questions to the Council regarding a City-wide Parks and Recreation Improvement Plan.

CIP RESOLUTIONS HELD OVER:

AUTHORIZE MASTER SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR 2018 CIP BOLTON’S BRANCH REPAIRS FROM DAVIDSON SCHOOL ROAD TO MONTLIMAR DRIVE, $90,000.00 (#322, D5; PROJECT #2018-3005-08; CO317; 20002000-48020). The following resolution which was introduced and read at the regular meeting of Tuesday, January 9, 2018 and held over for one (1) week until the regular meeting of January 16, 2018 was called up by the Presiding Officer.

RESOLUTION: 01-015-2017

Sponsored by: Councilmember Daves and Mayor Stimpson

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

Name of company: Michael Baker International, Inc.

Project name: Master Services Agreement-2018 CIP
Bolton's Branch Repairs from Davidson School Road to
Montlimar Drive (D5, #322) Project #2018-3005-08

Estimated cost: $90,000.00

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Richardson. Following comments from Councilmember Daves 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 EMERALD COAST STRIPING, LLC FOR APPLICATION OF THERMOPLASTIC STRIPING, MARKINGS AND LEGENDS ON VARIOUS CITY OF MOBILE ROADWAYS, $324,000.00 (CIP PROJECT #70, #178, #241, #311, #368, #420 AND #492; RWS08; 20002000-48010; PROJECT #2017-2060-13). The following resolution which was introduced and read at the regular meeting of Tuesday, January 9, 2018 and held over for one (1) week until the regular meeting of January 16, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-016-2018

Sponsored by: City Council and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below; to construction the application of thermoplastic striping, markings and legends on various City of Mobile roadways, 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: Emerald Coast Striping, LLC

City of Mobile project no.: 2017-2060-13

Capital project no.: RWS08

Amount: $324,000.00

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.

AUTHORIZE CONTRACT WITH AMERICAN TENNIS COURTS, INC. FOR MICHAEL FIGURES PARK-TENNIS COURTS REPAIRS, $61,163.00 (PR-177-17; 2017 CIP #37, D1; CO196; 20002000-48010). The following resolution which was introduced and read at the regular meeting of Tuesday, January 9, 2018 and held over for one (1) week until the regular meeting of January 16, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-018-2018

Sponsored by: Councilmember Richardson and Mayor Stimpson

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

Name of Company: American Tennis Courts, Inc.

Project Name: Michael Figures Park - Tennis Courts Repairs

Project Number: PR-177-17

Amount: $61,163.00

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.

AUTHORIZE CONTRACT WITH JAMES H. ADAMS & SON CONTRUCTION COMPANY, INC. FOR 2017 CIP MISCELLANEOUS DRAINAGE REPAIRS, $223,444.00 (PROJECT NO. 2017-3005-13A, PHASE I; D2, D4 #251; D5, D6 #381; DRC17; 20002000-48010). The following resolution which was introduced and read at the regular meeting of Tuesday, January 9, 2018 and held over for one (1) week until the regular meeting of January 16, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-019-2018

Sponsored by: Councilmembers Manzie, Williams, Daves and Rich
and Mayor Stimpson

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

Name of company: James H. Adams & Son Construction Co., Inc.

Project name: 2017 CIP Miscellaneous Drainage Repairs

Project no.: 2017-3005-13(A) Phase I

Estimated cost: $223,444.00

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.

RESOLUTIONS HELD OVER:

AUTHORIZE NON-REIMBURSABLE AGREEMENT FOR RELOCATION OF UTILITY FACILITIES ON PUBLIC RIGHT-OF-WAY WITH SPIRE GULF, INC. (TIGER 2016 PHASE I CONSTRUCTION; 2018-3005-01; G-TIGER 16). The following resolution which was introduced and read at the regular meeting of Tuesday, January 9, 2018 and held over for one (1) week until the regular meeting of January 16, 2018 was called up by the Presiding Officer.

RESOLUTION: 01-020-2018

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile an agreement and any necessary amendments thereafter between Spire Gulf, Inc. A copy of said executed agreement will be on file in the office of the City Clerk.

Name of company: Spire Gulf Inc.

COM project name: TIGER 2016 Phase One

COM project number: 2018-3005-01

Agreement: Non-Reimbursable Agreement for relocation of utility facilities on public right-of-way

The resolution was read by the City Clerk; whereupon Councilmember Richardson 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 MICOR, INC. D/B/A MDS CONSTRUCTION FOR POLICE TRAINING ACADEMY-AGILITY COURSE IMPROVEMENTS, $8,682.00 (PD-235-17; EO034; 20002000-48010). The following resolution which was introduced and read at the regular meeting of Tuesday, January 9, 2018 and held over for one (1) week until the regular meeting of January 16, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-021-2018

Sponsored by: Councilmember Small and Mayor Stimpson

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

Name of company: Micor, Inc. d/b/a MDS Construction

Project name: Police Training Academy - Agility Course Improvements

Project number: PD-235-17

Amount: $8,682.00

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

GRANT EASEMENT TO ALABAMA POWER FOR A NEW OVERHEAD WIRE CROSSING SPRINGHILL AVENUE, ALLOWING FOR REMOVAL OF TWO EXISTING LINES. The following resolution which was introduced and read at the regular meeting of Tuesday, January 9, 2018 and held over for one (1) week until the regular meeting of January 16, 2018 was called up by the Presiding Officer.

RESOLUTION: 25-022-2018

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, an easement to ALABAMA POWER COMPANY as set out in W.E. #A6553-13-D417, a copy of which is attached hereto and made a part hereof as though fully set forth herein, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS, needed for a new overhead wire crossing Springhill Avenue, as shown in yellow on attached drawing, allowing for removal of two existing lines as shown in green on the attached drawing.

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

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 37-013 through 60-038 being introduced for the first time. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

CONSENT RESOLUTIONS BEING INTRODUCED:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR THE DUBLIN IRISH PUB AND EATERY, 5955 OLD SHELL ROAD. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 37-013-2018

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: The Dublin Irish Pub, LLC

Location: The Dublin Irish Pub and Eatery
5955 Old Shell Road
Mobile, AL 36608

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 RETAIL BEER/TABLE WINE (ON/OFF PREMISES) LICENSE FOR THE CHEESE COTTAGE, 650 ST. LOUIS STREET. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 37-023-2018

Sponsored by: Councilmember Manzie

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

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

Submitted by: The Cheese Cottage, LLC

Location: The Cheese Cottage
650 St. Louis Street
Mobile, AL 36602

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 RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR PUBLIX 1604, 100 NORTH FLORIDA STREET. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 37-024-2018

Sponsored by: Councilmember Richardson

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

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

Submitted by: Publix Alabama, LLC

Location: Publix 1604
100 North Florida Street
Mobile, AL 36607

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 BOYD’S ROYAL KNIGHT BAR & GRILL, 3004 GOVERNMENT BOULEVARD. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 37-025-2018

Sponsored by: Councilmember Williams

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

Type of application: Restaurant Retail Liquor License

Submitted by: Boyd's Royal Knight Bar & Grill, Inc.

Location: Boyd's Royal Knight Bar & Grill
3004 Government Boulevard
Mobile, AL 36606

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.

DECLARE WEEDS NOXIOUS, GROUP #1575. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-026-2018

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 #1575 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 20th day of February 2018. 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 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 AWARD OF SPECIAL BONUS TO CHARLES DEWBERRY AS PART OF THE MAYOR’S INCENTIVE PROGRAM, $500.00. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 60-027-2018

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 outstanding improvement in service to the public.

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.

OPPOSE SIMPLIFIED SELLERS USE TAX PROGRAM. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 60-038-2018

RESOLUTION OPPOSING FIB 110 AND SB130

WHEREAS, in recent years, the steady increase of online sales has had an adverse impact on local brick and mortar businesses located within the City of Mobile and its police jurisdiction; and,

WHEREAS, as a result, sales and use tax collections have declined in recent years making it more difficult for the City to provide basic services such as police and fire protection, road resurfacing, solid waste collection and disposal, and other essential services; and,

WHEREAS, in 2015, the State passed the Simplified Sellers Use Tax (SSUT) to allow sellers to voluntarily pay tax on sales that would otherwise be outside the city's taxing authority; and,

WHEREAS, SSUT prohibits local taxation and utilizes a distribution formula that hurts Mobile and other cities; and,

WHEREAS, the Alabama legislature now has under consideration two bills, HB110 in the House and SB 130 in the Senate, which would expand the availability of SSUT to businesses that currently owe local sales and use tax. If passed, the legislation would have disastrous consequences:

Revenue losses of up to 15million dollars per year, including currently budgeted funds

Loss of local tax on Amazon sales

Driving customers away from main street stores — furniture, hardware, clothing, sporting goods, and, generally, all brick and mortar retail storefronts.

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MOBILE, THAT: the City Council of the City of Mobile opposes HB 110 and SB 130 and respectfully requests its local delegation to the Alabama House and the Alabama Senate to vigorously oppose these Bills.

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

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

Councilmember Richardson moved for the suspension of the rules to consider CIP Resolutions21-031 and 21-033 being introduced for the first time. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the item.

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH NEEL-SCHAFFER INC. FOR 2018 CIP TRINITY GARDENS AREA-2018 STREET AND DRAINAGE IMPROVEMENTS (WARSAW AVENUE, ESAU AVENUE, HARPER AVENUE, GREENBACK DRIVE AND RIDGEWAY STREET), $120,000.00 (D1, #1013; COM PROJECT NO. 2018-3005-16; CO314; 20002000-48020). The following resolution was held over for one (1) week until the regular meeting of Tuesday, January 23, 2018.

RESOLUTION: 21-028-2018

Sponsored by: Councilmember Richardson and Mayor Stimpson

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

Name of company: Neel-Schaffer, Inc.

Project name: 2018 CIP Trinity Gardens Area-2018 Street and Drainage
Improvements (Warsaw Ave, Esau Ave, Harper Ave,
Greenback Dr. and Ridgeway St.) (D1, #1013)

COM project no.: 2018-3005-16

Estimated cost: $120,000.00

AUTHORIZE CONTRACT WITH AECOM FOR 2018 CIP WOODCOCK CREEK, WEST BRANCH DRAINAGE IMPROVEMENTS, $100,000.00 (D5, #330; COM PROJECT NO. 2018-3005-11; CO319; 20002000-48020). The following resolution was held over for one (1) week until the regular meeting of Tuesday, January 23, 2018.

RESOLUTION: 21-029-2018

Sponsored by: Councilmember Daves and Mayor Stimpson

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

Name of company: AECOM

Project name: 2018 CIP Woodcock Creek, West Branch
Drainage Improvements (D5, #330)

COM project no.: 2018-3005-11

Estimated cost: $100,000.00

AUTHORIZE CONTRACT WITH MCCRORY & WILLIAMS, INC. FOR 2018 CIP TWELVE MILE CREEK BANK STABILIZATION SOUTH OF MUSEUM DRIVE AND TWELVE MILE CREEK REPAIRS AT EAST DRIVE, $320,000.00 (D7, #1043; D6 #388, COM PROJECT NO. 2018-3005-09; CO320; 20002000-48020). The following resolution was held over for one (1) week until the regular meeting of Tuesday, January 23, 2018.
RESOLUTION: 21-030-2018

Sponsored by: Councilmembers Rich and Gregory
and Mayor Stimpson

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

Name of company: McCrory & Williams, Inc.

Project name: 2018 CIP (07 #1043, 06 #388) Twelve Mile Creek
Bank Stabilization south of Museum Drive and
Twelve Mile Creek Repairs at East Drive

COM project no.: 2018-3005-09

Estimated cost: $320,000.00

AUTHORIZE CONTRACT WITH BURK-KLEINPETER, INC. FOR 2018 CIP CITY-WIDE GUARDRAIL REPAIR, $16,000.00 (D1, #38, D2, #96; D3, #199; D4, #264; D5, #335; D6, #391; D7, #447; PROJECT NO. 2018-3005-07; CGR17; 20002000-48020.) The following resolution was introduced by Councilmember Daves.

RESOLUTION: 21-031-2018

Sponsored by: City Council and Mayor Stimpson

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

Name of company: Burk-Kleinpeter, Inc.

Project name: 2018 CIP Citywide Guardrail Repair
(D1 #28, D2 #96, 03 #199, 04 #264,
05 #335,06 #391,07 #447)

Project no.: 2018-3005-07

Estimated cost: $16,000.00

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.

AUTHORIZE CONTRACT WITH MCCRORY & WILLIAMS, INC. FOR 2017 CIP MCGREGOR AVENUE SIDEWALKS PHASE 2, $97,500.00 (D5, #320; PROJECT NO. 2018-3005-06; CO224; 20002000-48020). The following resolution was held over for one (1) week until the regular meeting of Tuesday, January 23, 2018.

RESOLUTION: 21-032-2018

Sponsored by: Councilmember Daves and Mayor Stimpson

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

Name of company: McCrory & Williams, Inc.

Project name: 2017 CIP McGregor Avenue Sidewalks Phase 2 {D5, #320)

Project no.: 2018-3005-06

Estimated cost: $97,500.00

AUTHORIZE CONTRACT WITH DOBSON SHEET METAL & ROOFING & SPECIALITIES, INC. FOR MATTHEWS PARK – RE-ROOFING OF FACILITIES, $46,626.00 (2017 CIP #361; D5; PR-265-17; CO309; 20002000-48010). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 21-033-2018

Sponsored by: Councilmember Daves 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: Matthews Park - Re-Roofing of Facilities

Project number: PR-265-17

Amount: $46,626.00

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

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

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

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH AEIKER CONSTRUCTION CORPORATION FOR PUBLIC SAFETY MEMORIAL PARK-SITE FURNISHINGS, $44,990.00 (2017 CIP #351; D5; PR-243-17; CO229; 20002000-48010). The following resolution was held over for one (1) week until the regular meeting of Tuesday, January 23, 2018.

RESOLUTION: 21-034-2018

Sponsored by: Councilmember Daves 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: Aeiker Construction Corporation

Project name: Public Safety Memorial Park - Site Furnishings

Project number: PR-243-17

Amount: $44,990.00

AUTHORIZE CONTRACT WITH KONE, INC. FOR EMERGENCY PASSENGER AND FREIGHT ELEVATOR REPAIRS-MOBILE CONVENTION CENTER, $46,994.00 (SR-006-18; CO261; 20002000-48010). The following resolution was held over for one (1) week until the regular meeting of Tuesday, January 23, 2018.

RESOLUTION: 21-035-2018

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: Kone, Inc.

Project name: Emergency Passenger & Freight Elevator
Repairs Mobile Convention Center

Project number: SR-006-18

Amount: $46,994.00

ACCEPT TEMPORARY CONSTRUCTION EASEMENT AND RIGHT-OF-ENTRY FOR ZEIGLER BOULEVARD-ADD LANES FROM SCHILLINGER ROAD TO CODY ROAD (PROJECT #STPMB-7550 [601]; CPMS #1000046893 [CR-565]). The following resolution was held over for one (1) week until the regular meeting of Tuesday, January 23, 2018.

RESOLUTION: 25-036-2018

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the City hereby accepts the following documents, when prepared, as needed for the Zeigler Boulevard Add Lanes from Schillinger Road to Cody Road Project # STPMB-7550 (601) CPMS # 1000046893 (CR-565):

1. Temporary Construction Easement and Right of Entry from First Community Bank.

SAID DOCUMENTS are by reference made a part of this resolution as fully as set forth herein and copies will be on file in the office of the City Clerk and in the office of the Real Estate Officer of the City of Mobile.

BE IT FURTHER RESOLVED THAT:

The Real Estate Officer of the City of Mobile is hereby authorized and directed to negotiate and to execute for and in the name and on behalf of the City of Mobile whatever supporting documents, affidavits, closing statements, or other forms necessary to complete the transactions and pay the Grantors the amounts approved and authorized and pay all approved closing costs. All approved and funded by State of Alabama Department of Transportation.

APPROVE THE APPLICATION OF CHRISTOPHER JENKINS D/B/A SUPERIOR CAB SERVICE, FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A TAXICAB SERVICE. The following resolution was held over for one (1) week until the regular meeting of Tuesday, January 23, 2018.

RESOLUTION: 37-037-2018

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of Christopher Jenkins d/b/a Superior Cab Service, LLC, for a Certificate of Public Convenience and Necessity for a taxicab service is hereby approved. A copy of said application is on file in the office of the City Clerk.

ANNOUNCEMENTS:

Councilmember Small invited all to attend the annual spaghetti dinner sponsored by Our Lady of Lourdes Knights of Columbus Saturday, January 20, 2018, 11:30 a.m. – 1:30 p.m. Proceeds benefit the Parkway Senior Center Foundation, Inc.

Councilmember Small indicated a committee will meet on Tuesday, January 23, 2018, at 1:00 p.m., to discuss the extension of the penny sales tax.

Councilmember Richardson commented on several agenda items that will benefit district one.

Councilmember Richardson reported he has been appointed by the National League of Cities to the National Transportation and Infrastructure Board.

Councilmember Rich reminded the public that the Mobile Police Department’s Chili Cook-Off has been rescheduled for Saturday, January 20, 2018.

Councilmember Gregory announced a district seven community meeting will be held on Tuesday, February 27, 2018, 6:00 p.m., at the Vision Center.

Councilmember Manzie said he was honored to participate in the National Baptist Convention last week.

Councilmember Manzie recounted he attended the honorary renaming of Glennon Avenue to Dr. Yvonne Kenney Avenue last Friday.

Councilmember Manzie expressed condolences to the family of Henry Parham.

Councilmember Daves moved to adjourn the meeting, 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 regular meeting adjourned at approximately 12:26 p.m.

Approved: January 23, 2018




_____________________________
COUNCIL VICE PRESIDENT



CITY CLERK





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