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 Mar 06, 2018

MUNICIPAL BUILDING, MOBILE, ALABAMA MARCH 6, 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, March 6, 2018, 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. on Tuesday, March 6, 2018.

The Presiding Officer adjourned the meeting.

Approved: March 13, 2018


COUNCIL VICE PRESIDENT



CITY CLERK


MUNCIPAL BUILDING, MOBILE, ALABAMA, MARCH 6, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, March 6, 2018, at 10:30 a.m., in regular meeting.

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

Reverend Olivia Martin, Itinerant Elder, Bethel AME Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

NOTE: Councilmember Manzie asked the audience to remain standing for a moment of silence in honor and memoriam of Mr. Bob Brazier.

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 February 27, 2018 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson read a proclamation declaring the week of March 19 – 26, 2018 as the “Celebration of the Festival of Flowers” in Mobile.

Mayor Stimpson read a proclamation naming Recreation Department employee Katrina Frazier as Employee of the Month for March 2018.

Mayor Stimpson reported that the City celebrated Arbor Day by partnering with the JM Family Foundation to plant 200 bald cypress, live oak and blackgum trees at Tricentennial Park this past Saturday. Alabama Power was on hand to give away 2,000 seedlings to the public.

Mayor Stimpson announced that 30 recruits make up the newest class of the Mobile Fire-Rescue Department.

Mayor Stimpson stated that the TIGER Grant construction for Broad Street will begin soon and consist of four (4) phases.

Councilmember Rich read a proclamation declaring March 10, 2018, as “Touch a Truck Day” in Mobile. Representatives from the Mitchell Cancer Institute and Adoption Rocks accepted the proclamation.

ADOPTION OF THE AGENDA:

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

APPEALS:

The Council considered the request of James L. Avera, South Lafayette Street Community Association, for a waiver of the Noise Ordinance at 30 South Lafayette Street (South Lafayette Street from Government Street to Dauphin Street) on April 7, 2018, from 6:00 p.m. – 10:00 p.m. (District 2).

Councilmember Daves moved to grant the waiver, which motion was seconded by Councilmember Rich and the vote was as follows:

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

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

The Council considered the request of the Carolyn Golson, Mobile Area Chamber of Commerce, for a waiver of the Noise Ordinance at 451 Government Street on March 22, 2018, from 4:00 p.m. – 6:00 p.m. (District 2).

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

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

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

The Council considered the request of the Marian Tucei Clarke, Monterey North Street Association, for a waiver of the Noise Ordinance at North Monterey Street (between Dauphin Street and Old Shell Road) on May 19, 2018, from 6:00 p.m. – 11:00 p.m. (District 2).

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

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

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

The Council considered the request of the LaSonya Lucy, Fast Time Tax Consultants, for a waiver of the Noise Ordinance at 2301 Airport Boulevard, Public Safety Memorial Park, on March 24, 2018, from 10:00 a.m. – 5:00 p.m. (District 5).

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

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

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

The Council considered the request of the Rogery Pertne for a waiver of the Noise Ordinance at 7024 Champions Run on March 17, 2018, from 11:00 a.m. – 9:00 p.m. (District 7).

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

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

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

The Council considered the request of the Elise Swindle, Chi Omega Sorority, for a waiver of the Noise Ordinance at 1757 Government Street (The Pillars) on March 10, 2018, from 8:00 p.m. – 11:00 p.m. (District 2).

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

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

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

PRESENTATIONS OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

None.

NON-AGENDA ITEMS:

Reggie Hill, 200 Government Street, expressed his concerns for public safety.

ORDINANCES HELD OVER:

REZONE PROPERTY AT 7080 AIRPORT BOULEVARD (NORTHEAST CORNER OF AIRPORT BOULEVARD AND CODY ROAD SOUTH) FROM B-2 TO B-2 TO REMOVE A CONIDTION OF APPROVAL (DISTRICT 7). The following ordinance which was introduced and read at the regular meeting of February 27, 2018 and held over until the regular meeting of March 6, 2018 was called up by the Presiding Officer.

ORDINANCE: 64-004-2018

Sponsored by: Councilmember Gregory

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

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

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

LOT "A" AIRPORT-CODY RESUBDIVISION, AS RECORDED IN MAP BOOK 135, PAGE 7 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA

The classification of said property is hereby changed fi-om B-2, Neighborhood Business District, to B-2, Neighborhood Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-2, Neighborhood Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-2, Neighborhood Business District, until all of the conditions set forth below have been complied with: 1) full compliance with all municipal codes and ordinances.

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

The ordinance was read by the City Clerk; whereupon Councilmember Gregory moved that the ordinance 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 ordinance adopted.

CONSENT RESOLUTIONS HELD OVER:

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE FUNDING FROM THE OVW FY18 IMPROVING CRIMINAL JUSTICE RESPONSES TO SEXUAL ASSAULT GRANT, $450,000.00 (NO LOCAL MATCH). The following resolution which was introduced and read at the regular meeting of February 27, 2018 and held over until the regular meeting of March 6, 2018, was called up by the Presiding Officer.

RESOLUTION: 31-161-2018

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S. Department of Justice, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $450,000.00 for the Office on Violence Against Women FY 2018 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant.

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

The resolution was read by the 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 PROJECT AGREEMENT WITH GULF HAULING & CONSTRUCTION, INC. FOR RECEIVING, PROCESSING AND DISPOSAL OF RESIDENTIAL TRASH, $2,810,304.00. The following resolution which was introduced and read at the regular meeting of Tuesday, February 6, 2018 and held over for four (4) weeks until the regular meeting of March 6, 2018 was called up by the Presiding Officer.

RESOLUTION: 01-072-2018

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Project Agreement between the City of Mobile and Gulf Hauling and Construction, Inc. as outlined in the Project Agreement attached hereto and made a part hereof as though set forth in full herein. A copy of said Project Agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be held over for four (4) weeks until the regular meeting of Tuesday, April 3, 2018, which was seconded by Councilmember Gregory and the vote was as follows:

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

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

RE-ALLOCATE $378,819.00 FROM GENERAL FUND TO TRASH DEPARTMENT “HAULING” TO PAY MONTHLY INVOICES TO WASTE MANAGEMENT PER SETTLEMENT. The following resolution which was introduced and read at the regular meeting of Tuesday, February 6, 2018, and held over for four (4) weeks until the regular meeting of March 6, 2018, was called up by the Presiding Officer.

RESOLUTION: 09-073-2018

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that that the sum of $378,819 will be transferred from the General Fund "Transfer to the Solid Waste Authority," account 1004999 94310, to the Trash Department account 10042090 42060, "Hauling," to pay monthly invoices to Waste Management per the settlement agreement for diverted trash for FY2018.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be held over for four (4) weeks until the regular meeting of Tuesday, April 3, 2018, which was seconded by Councilmember Gregory and the vote was as follows:

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

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

RE-ALLOCATE REMAINING UNUSED GRANT PROJECT FUNDS FROM PROJECT G-NRCS16 FUND 5018 NRCS EMERGENCY WATERSHED PROTECTION GRANT TO PROJECT C0052 CITY-WIDE STORM DRAIN & PIPE IN FUND 2000 CAPITAL IMPROVEMENTS. The following which was introduced and read at the regular meeting of February 27, 2018, and held over for one (1) week until the regular meeting of March 6, 2018, was called up by the Presiding Officer.

RESOLUTION: 09-114-2018

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $30,289.30 be reallocated from Grant Project G-NRCS16 NRCS Emergency Watershed Protection Grant Fund 5018 to Capital Project C0052 City-Wide Storm Drain & Pipe Project in the Capital Improvement Fund 2000. These are unused funds related to the U.S. Department of Agriculture - Natural Resource Conservation Service grant project.

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

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

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

AUTHORIZE CONTRACT WITH HARRIS CONTRACTING SERVICES, INC. FOR FIRE STATION NO. 1-GENERATOR AND ELECTRICAL IMPROVEMENTS, $29,833.00 (FD-014-18; CO109; 20002000-48010). The following which was introduced and read at the regular meeting of February 27, 2018, and held over for one (1) week until the regular meeting of March 6, 2018, was called up by the Presiding Officer.

RESOLUTION: 21-115-2018

Sponsored by: Councilmember Gregory and Mayor Stimpson

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

Name of company: Harris Contracting Services, Inc.

Project name: Fire Station No. 1 - Generator
and Electrical Improvements

Project number: FD-014-18

Amount: $29,833.00

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

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

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

AUTHORIZE CONTRACT WITH SPEAKWRITE, LLC, FOR MOBILE POLICE DEPARTMENT TRANSCRIPTION SERVICES, $25,000.00 PER YEAR FOR THREE YEARS. The following which was introduced and read at the regular meeting of February 27, 2018, and held over for one (1) week until the regular meeting of March 6, 2018, was called up by the Presiding Officer.

RESOLUTION: 21-165-2018

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL 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, a contract, by and between the City of Mobile and Speakwrite, LLC, in an amount not to exceed $25,000 per year, for a three year period to begin upon adoption, for the provision of transcription services, 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.

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

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

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

AUTHORIZE CONTRACT WITH LOWER ALABAMA HEATING, COOLING & REFRIGERATION FOR FIRE STATION #23 HVAC REPLACEMENT, $80,100.00 (mp-102-18; 20002000-48010). The following which was introduced and read at the regular meeting of February 27, 2018, and held over for one (1) week until the regular meeting of March 6, 2018, was called up by the Presiding Officer.

RESOLUTION: 21-166-2018

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: LOWER ALABAMA HEATING, COOLING & REFRIGERATION

Project name: FIRE STATION #23 HVAC REPLACEMENT

Project number: MP-102-18

Amount: $80,100.00

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

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

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

ACCEPT ONE TEMPORARY CONSTRUCTION EASEMENT FOR ESLAVA CREEK DRAINAGE IMPROVEMENTS AND REPAIRS, PROJECT NO. 2016-202-107. The following which was introduced and read at the regular meeting of February 27, 2018, and held over for one (1) week until the regular meeting of March 6, 2018, was called up by the Presiding Officer.

RESOLUTION: 25-167-2018

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the City hereby accepts the following: One Temporary Construction Easement needed for the Eslava Creek Drainage Improvements and Repairs Project No. 2016-202-07.

1. Temporary Construction Easement from Frederick H. Hail, as President of the Wimbledon Park Property Owners Association to the City of Mobile, a Municipal Corporation dated February 6, 2018.

SAID document being attached hereto and made a part hereof as fully as if set forth herein.

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.

ORDINANCES BEING INTRODUCED:

DEEM PROPERTY LOCATED AT 1361 MARTIN LUTHER KING AVENUE, LOT 1 (FITNESS CENTER), LOT 2 (PLAYGROUND AREA) AND LOT 3 (POOL AREA), NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORIZING THE SALE THEREOF TO FRANKLIN PRIMARY HEALTH, $185,500.00. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, March 13, 2018.

ORDINANCE: 88-005-2018

Sponsored by: Councilmember Manzie and Mayor Stimpson

AN ORDINANCE DEEMING CERTAIN PROPERTY NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORTZTNG THE SALE THEREOF

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA as follows:

SECTION ONE: It is hereby found and determined by the City Council of the City of Mobile, Alabama, that the property hereinafter described in Exhibit "A", is not now needed for public or municipal purposes and that it is in the best interest of the City of Mobile and in the public interest that said property be sold to Franklin Primary Health Center, Inc.

See Exhibit "A" attached hereto

SECTION TWO: The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, for and in the name and on behalf of the City of Mobile, the attached Purchase and Sale Agreement for the property shown in Exhibit "A".

SECTION THREE: The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, for and in the name and on behalf of the City of Mobile, the deed for the property shown in Exhibit "A", when said deed is prepared.

SECTION FOUR: 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 ancillary forms necessary to complete the transfer of said property.

SECTION FIVE: The proceeds from this sale to be placed in a Capital Building Acquisition Fund.

SECTION SIX: Said Contract for Purchase and Sale of Real Property and Deed are by reference made a part of this ordinance as fully as if set forth herein and a copy of such will be on file in the office of the City Clerk and in the office of the Real Estate Department of the City of Mobile, 4th Floor, Government Plaza, 205 Government Street, Mobile, Alabama.

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

EXHIBIT "A'

Lots l, 2 and 3 of BF Subdivision, as per subdivision plat recorded in Map Book .136 at Page 82 in the Office of the Judge of Probate of Mobile County, Alabama.

DEEM PROPERTY LOCATED AT THE EAST 250’ OF LUCILLE STREET NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORIZING THE GRANT OF A LICENSE TO USE FOR PARKING BY JTW DEVELOPMENT, LLC. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, March 13, 2018.

ORDINANCE: 88-006-2018

Sponsored by: Councilmember Small and Mayor Stimpson

AN ORDINANCE DEEMING CERTAIN PROPERTY NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORIZING THE GRANT OF A LICENSE TO USE FOR PARKING

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA as Follows

SECTION ONE: It is hereby found and determined by the City Council of the City of Mobile, Alabama, that the property hereinafter described in Exhibit "A", is not now needed for public or municipal purposes and that it is in the best interest of the City of Mobile and in the public interest that said property be Licensed to JTW Development, LLC

See Exhibit "A" attached hereto

SECTION TWO: The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, for and in the name and on behalf of the City of Mobile, the attached License Agreement for the property shown in Exhibit "A".

SECTION THREE: 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 ancillary forms necessary to complete the License of said property.

SECTION FOUR: Said License Agreement is by reference made a part of this ordinance as fully as if set forth herein and a copy of such will be on file in the office of the City Clerk and in the office of the Real Estate Department of the City of Mobile, 4th Floor, Government Plaza, 205 Government Street, Mobile, Alabama.

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

"EXHIBIT A"

THE EAST 250 FEET OF LUCILLE STREET

BEGINNING AT THE, SOUTHEAST CORNER OF LOT 1, BOOTHE SUBDIVISION AS RECORDED IN MAP BOOK 125, PAGE 2, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; THENCE SOUTH 83°10' 49" BAST 27.55 FEET TO THE WEST LINE OF SOUTH BROAD STREET (50' RIGHT OF WAY); THENCE SOUTH 24°06' 55" WEST ALONG SAID WEST LINE 31.42 FEET TO THE SOUTH LINE OF LUCILLE STREET (30' RIGHT OF WAY); THENCE NORTH 83°10' 49" WEST 250.00 FEET; THENCE NORTH 24° 06' 55" EAST 31.42 FEET TO THE SOUTH LINE OF LOT 1, BOOTHE SUBDIVISION; THENCE SOUTH 83° 10' 49" EAST ALONG SAID SOUTH LINE 222.45 FEET TO THE POINT OF BEGINNING; CONTAINING 7500.00 SQUARE FEET.

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

Councilmember Richardson moved for the suspension of the rules to consider Consent Resolutions 03-168 through 60-1177 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:

RE-APPOINT DOUG DABNEY TO THE POLICE CITIZENS’ COMMUNITY RELATIONS ADVISORY COUNCIL. The following resolution was introduced by Councilmember Small.

RESOLUTION: 03-168-2018

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Doug Dabney is re-appointed to the Police Citizens’ Community Relations Advisory Council effective immediately for a term ending November 1, 2019.

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR FIVE, 609 DAUPHIN STREET. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-169-2018

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: Restaurant Retail Liquor License

Submitted by: M L E, LLC

Location: Five
609 Dauphin Street
Mobile, AL 36602

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1574. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-170-2018

A RESOLUTION ASSESSING THE COST OF REMOVAL OF NOXIOUS OR DANGEROUS WEEDS IN FRONT OF OR ON CERTAIN PARCELS OF LAND IN THE CITY OF MOBILE. ALABAMA

WHEREAS, an itemized report in writing has been made to the City Council of Mobile, showing the costs of removing noxious or dangerous weeds on or in front of the hereinafter described parcels of land, a copy of such report having first been posted on the Council Chamber door more than three days prior to the meeting at which the report was received, and the City Council having heard the report, together with any objections which may have been raised by any of the property owners liable to be assessed for the work of cutting such weeds, and the City Council being of the opinion that such report in all respects be confirmed:

IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF MOBILE as follows:

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Weed Lien Group 1574 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

Section 2. It is directed that a copy of this resolution be delivered to the Tax Collector of the City of Mobile, and it shall be his duty to add the amounts of the above respective assessments to the next regular bills for ad valorem taxes levied against the said respective lots and parcels of land for municipal purposes, and such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedure on foreclosure and sale as in the case of delinquency as provided for ordinary ad valorem taxes.

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

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

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

DETERMINE EXPENDITURES FOR MOBILE FIRE-RESCUE DEPARTMENT ANNUAL AWARDS BANQUET SERVE A PUBLIC PURPOSE AND APPROVE PAYMENT. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 60-171-2018

Sponsored by: Mayor Stimpson

WHEREAS, the City of Mobile Fire-Rescue Department desires to host an Annual Awards Banquet on March 19, 2018; and

WHEREAS, the anticipated purposes, programs, and expenses of the Annual Awards Banquet are set out in the attached and incorporated memorandum from Jeremy Lami, Chief of Staff, Mobile Fire-Rescue Department, and include recognition of Firefighters with significant accomplishments in 2017, such as Company Officer of the Year, Firefighter of the Year, and Firefighter of the Month; and

WHEREAS, the Mobile City Council finds and determines that the said Annual Awards Banquet will encourage and enhance the service and operation of the Mobile Fire-Rescue Department for the benefit of the citizens of the City of Mobile, and that the same will therefore serve a public purpose.

NOW, THEREFORE, BE IT RESOLVED, that the Mobile City Council hereby finds and determines that the expenditure of funds for the Mobile Fire-Rescue Department Annual Awards Banquet shall serve a public purpose and further approves and directs the payment of the expenses according to the attached and incorporated memorandum.

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.

DETERMINE EXPENDITURE FOR THE SPONSORSHIP OF A TABLE AT THE BISHOP STATE COMMUNITY COLLEGE FOUNDATION’S ANNUAL GALA SERVES A PUBLIC PURPOSE AND APPROVE PAYMENT. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 60-172-2018

Sponsored by: City Council

A RESOLUTION TO DETERMINE CERTAIN EVENTS AND EXPENDITURES SERVE A PUBLIC PURPOSE AND APPROVE PAYMENT

WHEREAS, several members of the Mobile City Council attended the Bishop State Community College Foundation's Annual Gala on March 1, 2018, and expenses were incurred; and

WHEREAS, said expenses were $1,000.00 to sponsor a table at the gala; and

WHEREAS, the Attorney General of the State of Alabama has opined that payment of certain expenses is proper if the City Council determines that the same serves a public purpose; and

WHEREAS, the Mobile City Council finds and determines that the Bishop State Community College Foundation's Annual Gala serves to enhance communication between the citizens of the City of Mobile and their city council and thus serves a public purpose.

NOW, THEREFORE, BE IT RESOLVED, that the Mobile City Council hereby finds and determines that the expenses for the Bishop State Community College Foundation's Annual Gala serve a public purpose and further approves and directs the payment of the expenses.

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 THE FIREFIGHTER OF THE MONTH AS PART OF THE MAYOR’S INCENTIVE PROGRAM, ALEX TRENIER AND DWIGHT SMITH, $500.00 EACH. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 60-173-2018

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 marked as Exhibit A.

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

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

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

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

OPPOSE SENATE BILL 349 TO EXEMPT PRESCRIPTION DRUG SALES FROM THE CALCULATION OF GROSS RECEIPTS BUSINESS LICENSES. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 60-1772-2018

Sponsored by: City Council

A Resolution Opposing Senate Bill 349

Whereas Senate Bill 349 is to exempt prescription drug sales from the calculation of gross receipts business licenses; and,

Whereas businesses that provide goods or services within the municipal corporate limits take advantage of the financial and other benefits they receive from the municipality including, but not limited to, the use of city streets and roads, the potential use of police and fire protection, and the potential use of city ambulances or rescue services; and,

Whereas revenue collected from business licensing provides a financial means for defraying the costs of providing essential municipal services; and,

Whereas, monies collected from business licensing are used not just for revenue purposes, but to protect citizens by helping provide services; and,

Whereas, loss of revenue from the gross receipts licensing of prescription medications would annually cost the City of Mobile approximately $465,000 in general fund revenue; and,

Whereas, legislatively carving out this type of business from the coverage of municipal business licensing creates fundamental unfairness to other businesses and is a slippery slope as other businesses and industries start to request similar legislative limitations on municipal license authority which could potentially cost the municipality a significant loss in revenue thereby resulting in a potential for devastating effects on the quality of life of our citizens.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City of Mobile is of the opinion that SB349 are not in the best interests of the citizens of Mobile, and the City therefore expresses its strong opposition to SB349 or any similar legislation that would further restrict the municipality's authority to properly license business that is transacted within the municipality.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the City of Mobile does hereby request that its local legislative delegation oppose the passage of SB349.

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.

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

Councilmember Richardson moved for the suspension of the rules to consider CIP Resolution 21-174 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 INTERNATIONAL FIRE PROTECTION, INC. FOR MOBILE CONVENTION CENTER-PARKING DECK STANDPIPE SYSTEM REPLACEMENT, $33,361.00 (2018 CIP #1005, CITY-WIDE; CN-002-18; CO155; 20002000-48010). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 21-174-2018

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: International Fire Protection, Inc.

Project name: Mobile Convention Center - Parking Deck

Project number: CN-002-18 Standpipe System Replacement

Amount: $33,361.00

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

Ayes: Richardson, Manzie, Small, Williams, Daves, 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 PUBLIC WORKS COOPERATIVE AGREEMENT WITH MOBILE AREA WATER & SEWER SYSTEM (MAWSS) TO ALLOW BOTH ENTITIES TO ADD OR INCLUDE WORK UNDER A COMPETITIVELY BID PUBLIC WORKS CONTRACT, NTE $1,000,000.00. The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 13, 2017.

RESOLUTION: 01-175-2018

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Public Works Cooperative Agreement between the City of Mobile ("City") and the Board of Water and Sewer Commissioners of the City of Mobile ("MAWSS"), to allow either the City or MAWSS to add or include work under a competitively bid public works contract for the benefit of the other and to provide a mechanism by which the party so benefited can pay for the work, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO APPROVE THE APPLICATION OF JACK O. GREEN, SR. D/B/A KINGDOM BUILDERS TRAVEL SERVICE, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A MOTORCOACH SERVICE. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 41-176-2018

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish in a newspaper of general circulation within the municipality the attached notice stating the time and place a proposed resolution is to be considered by the City Council and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of the proposed resolution.

NOTICE OF HEARING ON PROPOSED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A MOTORCOACH SERVICE

Notice is hereby given that the City Council of Mobile, Alabama, proposes to consider the application of Jack O. Green, Sr. d/b/a Kingdom Builders Travel Service, LLC, for a Certificate of Public Convenience and Necessity to operate a motorcoach service in the City of Mobile. The adoption of such Certificate will be considered by the City Council in the Auditorium of the Mobile Government Plaza located at 205 Government Street, Mobile, Alabama, on Tuesday, the 20th day of March, 2018, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to or in favor of the proposed resolution.

Councilmember Williams then moved to call for the public hearing, 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 whereupon the Presiding Officer set the date for the public hearing as March 20, 2018.

ANNOUNCEMENTS:

Councilmember Small expressed his appreciation to the principal and staff of Revelation Christian School for hosting his visit last Thursday.

Councilmember Small announced a district three community meeting will be held on Tuesday, March 27, 2018, at Maryvale Elementary School.

Councilmember Small invited residents to attend the 6th annual Easter egg hunt to be held at Taylor Park on Saturday, March 31, 2018.

Councilmember Gregory reported that the district seven community meeting held last week was well attended and informative.

Councilmember Gregory thanked Mary B. Austin School for inviting her to participate in the “Read Across America” program last week.

Councilmember Gregory mentioned that she will participate in a charity fashion show to benefit Our Sisters’ Closet.

Councilmember Gregory encouraged citizens to participate in this year’s Coastal Clean-Up.

Councilmember Richardson announced the opening for the Midtown Publix is planned for Saturday, March 24, 2018.

Councilmember Richardson stated a Crichton community meeting will be held on Thursday, February 22, 2018, at the Dumas Wesley Community Center.

Councilmember Richardson gave a report on the success of the Trinity Gardens parade.

Councilmember Daves stated a district five community meeting will be held on Tuesday, March 27, 2018, at 6:00 p.m., at Westminster Presbyterian Church.

Councilmember Rich stated that a Hillcrest Corridor (area from Grelot Road to Cottage Hill Road) meeting is scheduled for Thursday, March 22, 2018, 5:00 – 7:30 p.m.

Councilmember Rich requested the Administration provide her with a list of proposed plans for the five (5) year Capital Improvement Plan.

Councilmember Williams offered an explanation of Resolution 60-177, which opposes Senate Bill 349.

Councilmember Williams asked his colleagues to consider moving forward with plans to live stream the pre-Council meetings.

Councilmember Manzie recognized Mr. Eddie Irby’s months long efforts to revitalize Oak Lawn Cemetery.

Councilmember Richardson moved to adjourn into executive session and to not reconvene, which was seconded by Councilmember Daves.

Council Attorney Wanda Cochran stated:

“I’m Wanda Cochran. I’m an attorney licensed to practice law in the state of Alabama. Under the Open Meetings Act I am required to make a declaration that you going into executive session for the purpose of discussing threatened and pending litigation is appropriate under the Open Meetings Act.”

The Presiding Officer called for the vote, 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 11:25 a.m.

Approved: March 13, 2018



COUNCIL VICE PRESIDENT



CITY CLERK





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