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 Feb 02, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, FEBRUARY 2, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, February 2, 2016, at 9:00 a.m.

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

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, FEBRUARY 2, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, February 2, 2016, at 10:30 a.m., in regular meeting.

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

Pastor Christopher Gilmore of The Heart offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and dispensed with reading the following Rules concerning communications with the City Council with the exception of #1 and #4:

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 four 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 19 and 26, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson read a proclamation declaring Sunday, February 7, 2016, as the Golden Anniversary Procession of Joe Cain in the City of Mobile.

The Mayor stated that his Resolutions Tour wrapped up at Corpus Christi Catholic Church. The Mayor thanked the hundreds of people who visited the tour.

Mayor Stimpson recounted that the Senior Bowl was a great game with wonderful weather. The Mayor also said national media exposure for the City was ramped up.

The Mayor announced there is now the option to take Uber to and from the Mobile Regional Airport. He thanked the Mobile Airport Authority for their work to extend this service to Mobile Regional Airport. This agreement will result in better service for our citizens, new economic opportunities for drivers and an improved experience for our guests.

Mayor Stimpson congratulated City Engineer Nick Amberger on being named “Engineer Manager of the Year” by the Mobile Area Council of Engineers.

The Mayor advised that due to the Mardi Gras holiday, there will be no garbage pick-up on Tuesday, February 9, 2016. The make-up day will be on Wednesday, February 10, 2016.

Mayor Stimpson read an e-mail from Jimmy Burkhardtt regarding his positive experience with the staff at Mobile Police Department Precinct One (1). Mr. Burkhardtt has offered a ten (10) percent discount at Jimmy John’s to all uniformed officers.

ADOPTION OF THE AGENDA:

Councilmember Small moved for the adoption of the agenda, which motion was seconded by Councilmember Daves, and the vote was as follows:

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

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

APPEALS:

(1) The Council considered the request of Michelle Touchton, Distinguished Young Women, for a waiver of the Noise Ordinance at 751 Government Street on May 1, 2016 from 3:00 p.m. – 5:30 p.m. (District 2).

There being no objections, Councilmember Small moved that the waiver be granted, which motion was seconded by Councilmember Richardson, and the vote was as follows:

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

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

(2) The Council considered the request of Wanda Dumas for a waiver of the Noise Ordinance at 654 Elmira Street on February 7, 2016 from 12:00 p.m. – 5:30 p.m. (District 2).

There being no objections, Councilmember Small moved that the waiver be granted, which motion was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich, 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 DETERMINE IF THE STRUCTURE AT 1204 SABER COURT IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1204 Saber Court is a public nuisance and order it repaired or demolished 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 306 NORTH ANN STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 306 North Ann Street is a public nuisance and order it repaired or demolished 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1304 BASIL STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1304 Basil Street is a public nuisance and order it repaired or demolished 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1101 BAY AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1101 Bay Avenue is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

Doris Wright, 65 Doves Nest, Covington, Georgia, asked for ninety (90) days in order to repair the property.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 2760 BROOKLEY AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 2760 Brookley Avenue is a public nuisance and order it repaired or demolished 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 316 CALHOUN STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 316 Calhoun Street is a public nuisance and order it repaired or demolished 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 368 ST. CHARLES AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 368 St. Charles Avenue is a public nuisance and order it repaired or demolished 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 311 CLAY STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 311 Clay Street is a public nuisance and order it repaired or demolished 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1566 DUBLIN STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1566 Dublin Street is a public nuisance and order it repaired or demolished 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 resolution authorizing the proper action would be introduced later in the meeting.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

Jean Downing of the Drug Education Council introduced members of the Mobile City-County Youth Council. The members gave updates to the Council on their January 23, 2016 Town Hall Meeting.

Councilmember Manzie recognized Vandlyn Pierre and Virginia Guy for their efforts with the Mobile City-County Youth Council.

Chris Arledge, 3030 Knollwood Drive, spoke in favor of resolution 47-097.

Herb Wagner, 732 Jemison Street, asked for clarification on whether there would be a public hearing or a call for a public hearing on resolution 41-098.

Donna Camp, 962 Augusta Street, with Mobile Botanical Gardens, thanked the Council for resolution 01-095.

RESOLUTIONS HELD OVER:

AUTHORIZE AGREEMENT RENEWAL WITH MOTOROLA SOLUTIONS INC. FOR MAINTENANCE, SUPPORT AND/OR OTHER SERVICES OF THE POLICE AND FIRE MOTOROLA EQUIPMENT, $18,700.08. The following resolution which was introduced and read at the regular meeting of Tuesday, January 26, 2016, and held over until the regular meeting of Tuesday, February 2, 2016, was called up by the Presiding Officer.

RESOLUTION: 01-072-2016

Sponsored by: Councilmember Rich 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 Services Agreement between the CITY OF MOBILE and MOTOROLA SOLUTIONS, INC., for renewal of a service agreement to provide maintenance, support and/or other services for City of Mobile Police and Fire Departments, as outlined in the agreement attached hereto and made a part hereof as though set forth in full herein. A copy of said agreement is on file in the office of the City Clerk.

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

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

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

AUTHORIZE CONTRACT WITH H & H ELECTRIC COMPANY, INC. FOR MICHAEL FIGURES PARK-FIELD LIGHTING UPGRADE, $37,906.00 (2016 CIP PROJECT #33; CO196-D1). The following resolution which was introduced and read at the regular meeting of Tuesday, January 26, 2016, and held over until the regular meeting of Tuesday, February 2, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-073-2016

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: H & H Electric Co., Inc.

Project Name: Michael Figures Park — Field Lighting Upgrade

Project Number: PR-023-16

Amount: $37,906.00

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

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

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

AUTHORIZE CONTRACT WITH BEN M. RADCLIFF CONTRACTOR, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL-EMERGENCY PARKING DECK SHORING, $19,000.00 (CO018-C.W.). The following resolution which was introduced and read at the regular meeting of Tuesday, January 26, 2016, and held over until the regular meeting of Tuesday, February 2, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-074-2016

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: Ben M. Radcliff Contractor, Inc.

Project Name: City of Mobile, Alabama Cruise Terminal
Emergency Parking Deck Shoring

Project Number: CT-017-16

Amount: $19,000.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie 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 DOBSON SHEET METAL & ROOFING, INC. FOR FIGURES PARK COMMUNITY CENTER-GUTTERS, DOWNSPOUTS AND WALL REPAIR, $49,021.00. The following resolution which was introduced and read at the regular meeting of Tuesday, January 26, 2016, and held over until the regular meeting of Tuesday, February 2, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-075-2016

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: Dobson Sheet Metal & Roofing, Inc.

Project Name: Figures Park Community Center
Gutters, Downspouts and Wall Repair

Project Number: PR-009-16

CIP Project #: 2016 CIP Project #36

Amount: $49,021.00

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

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

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

AUTHORIZE CONTRACT WITH BILL SMITH ELECTRIC, INC. FOR LADD PEEBLES STADIUM EAST CONCOURSE-REPLACE ELECTRICAL SWITCH GEAR, $43,845.00 The following resolution which was introduced and read at the regular meeting of Tuesday, January 26, 2016, and held over until the regular meeting of Tuesday, February 2, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-076-2016

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: Bill Smith Electric, Inc.

Project Name: Ladd Peebles Stadium East Concourse

Replace Electrical Switch Gear

Project Number: PR-020-15

Amount: $43,845.00

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

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

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

AUTHORIZE CONTRACT WITH INTEGRATED ELECTRONIC TECHNOLOGIES, INC. FOR HISTORY MUSEUM OF MOBILE-SECURITY CAMERA SYSTEM, $13,112.00. The following resolution which was introduced and read at the regular meeting of Tuesday, January 26, 2016, and held over until the regular meeting of Tuesday, February 2, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-077-2016

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: Integrated Electronic Technologies, Inc.

Project Name: History Museum of Mobile-Security Camera System

Project Number: MU-048-16

Amount: $13,112.00

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

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

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

AUTHORIZE CONTRACT WITH NEEL-SCHAFFER, INC. FOR BOLTON BRANCH CREEK CHANNEL REPAIRS, UNIVERSITY BOULEVARD TO AZALEA ROAD, $80,000.00. The following resolution which was introduced and read at the regular meeting of Tuesday, January 26, 2016, and held over until the regular meeting of Tuesday, February 2, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-078-2016

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 f said executed contract will be on file in the office of the City Clerk.

Name of Company: Neel-Schaffer, Inc.

Project Name: Bolton Branch Creek Channel Repairs, University Blvd. to Azalea Rd.

COM Project No. 2016-202-21

Estimated Cost: $80,000.00

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 GEOTECHNICAL ENGINEERING-TESTING, INC. FOR LITTLE FLOWER AVENUE ROADWAY REPAIRS, $21,250.00. The following resolution which was introduced and read at the regular meeting of Tuesday, January 26, 2016, and held over until the regular meeting of Tuesday, February 2, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-079-2016

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 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: Geotechnical Engineering-Testing, Inc.

Project Name: Little Flower Avenue Roadway Repairs;
COM Project No. 2016-202-09

Estimated Cost: $21,250.00

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

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

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

GRANT APPLICATION OF WILLIAM HUNTER D/B/A HUNTER LIMOUSINES, LLC, TO ADD VEHICLES TO A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY GRANTED FEBRUARY 19, 2013, AND AMENDED AUGUST 5, 2014. The following resolution which was introduced and read at the regular meeting of Tuesday, January 26, 2016, and held over until the regular meeting of Tuesday, February 2, 2016, was called up by the Presiding Officer.

RESOLUTION: 37-080-2016

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of William Hunter d/b/a Hunter Limousines, LLC to add vehicles to his Certificate of Public Convenience and Necessity granted February 19, 2013, and amended August 5, 2014, is hereby approved. A copy of said application is on file in the office of the City Clerk.

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

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

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

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 37-081 through 58-093. The motion was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich, 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 CALIENTE TEX MEX, 312 SCHILLINGER ROAD, SOUTH. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-081-2016

Sponsored by: Councilmember Gregory and Mayor Stimpson

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

Submitted by: Maestro Food Group, LLC

Location: Caliente Tex Mex
312 Schillinger Road South
Mobile, AL 36608

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

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

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

DECLARE THE STRUCTURE AT 1204 SABER COURT A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Gregory

RESOLUTION: 40-082-2016

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1204 Saber Court has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the structure at 1204 Saber Court described as:

LOT 64 WEST PARK MANOR MBK 10 P 263 #SEC 8 T4S R2W #MP28 03 08 1 002

Parcel # 2-28-03-08-10-02-062

Last Assessed to: Anthony and Mary Naman
6520 Bienville Court
Mobile, AL 36695

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No, 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

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

DECLARE THE STRUCTURE AT 306 NORTH ANN STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-083-2016

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 306 North Ann Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the structure at 306 North Ann Street described as:

LOT 3 BLK 34 CAMP GROUND TRT MBK 1/12 DESC AS FOLL BEG AT PT ON E/S OF ANN ST 103 FT N OF NEL COR OF ANN & ADAMS STS THEN RUN NLY ALG ANN ST 51 6/12 FT FOR A FRONT THEN EXT BACK ELY 120

Parcel # 02-29-06-40-00-07-082

Last Assessed to: Annie Pearl Lewis
c/o Nellena J. Holloway
P. O. Box 1216
Spokane, WA 99210

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

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

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

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

DECLARE THE STRUCTURE AT 1304 BASIL STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-084-2016

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1304 Basil Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the structure at 1304 Basil Street described as:

THAT CERTAIN LOT OF LAND BDED BY LINE DESC AS FOLLS TO WIT BEG AT PT ON N/L OF BASIL ST 82 FT E OF NE COR OF BASIL & CUBA STS TH E ALG N/L OF BASIL ST 38 FT TO PT THEN WITH DEFL ANG TO

Parcel # 02-29-06-40-00-07-014

Last Assessed to: Marzette P. McCarrell
228 Lewis Street
Bridgeport, CT 06605

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

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

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

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

DECLARE THE STRUCTURE AT 1101 BAY AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Small.

RESOLUTION: 40-085-2016

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26,2002,the structure at 1101 Bay Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the structure at 1101 Bay Avenue described as:

E 1/2 OF LOTS 1 & 2 OF SQ D OAKHILL SUB DBK 85 N S & 380 #SEC 27 T4S R1W #MP29 10 27 4 000

Parcel # 02-29-10-27-40-00-117

Last Assessed to: Queen P. George
252 East Indian Creek Drive
Mobile, AL 36607

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Small moved that the resolution be held over for ninety (90) days, 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 for ninety (90) days.

DECLARE THE STRUCTURE AT 2760 BROOKLEY AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-086-2016

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 2760 Brookley Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE,
ALABAMA that the structure at 2760 Brookley Avenue described as:

LOT 6 COOLEYS SUBD MBK 4 PG 269 #SEC 30 T4S R1W #MP29 09 30 4 001

Parcel # 02-29-09-30-40-01-009

Last Assessed to: Joseph William Owen
c/o Mary Hall
P. O. Box 1001
Gulf Shores, AL 36547

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

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

DECLARE THE STRUCTURE AT 316 CALHOUN STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-087-2016

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 316 Calhoun Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the structure at 316 Calhoun Street described as:

PT LOTS 1 & 2 BLK 35 CAMPGROUND TRT MBK 1/12 DESC AS BEG AT NW COR SD LOT 1 TH ELY 80.9 FT TH SLY 33 FT-S-TH WLY 81 FT TH NLY 31 FT-S- TO POB #SEC 40 T4S R1W #MP2906 40 0 004

Parcel # 02-29-06-40-00-04-40

Last Assessed to: Roosevelt T. Lee
c/o Minnie Dixon
329 Birmingham Street
Prichard, AL 36610

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Manzie 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 THE STRUCTURE AT 368 ST. CHARLES AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was by introduced Councilmember Manzie.

RESOLUTION: 40-088-2016

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 368 St. Charles Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE,
ALABAMA that the structure at 368 St. Charles Avenue described as:

BEG S/L ST CHARLES AVE S 68 DEG 30 MIN W 29.45 FT FROM ROBINSON ST RUN S 23 DEG 17 MINE 75.5 FT TH S 59 DEG 17 MIN 30 SEC W 64 FT TH S 55 DEG 37 MIN 30 SEC E 41.4 FT N 36 DEG 32 MIN E 114.1

Parcel # 02 29 02 44 00 30 360

Last Assessed to: John H. and Myrtle G. Mathis
368 St. Charles Avenue
Mobile, AL 36617

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Manzie 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 THE STRUCTURE AT 311 CLAY STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced Councilmember Manzie.

RESOLUTION: 40-089-2016

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 311 Clay Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the structure at 311 Clay Street described as:

BEG AT A PT ON THE W/L OF CLAY ST 48.2 FT SLY FROM THE SW COR OF CLAY & BASIL STS SD POB BEING MARKED BY AN IRON STAKE RUN TH SLY ALG THE W/L OF CLAY ST 23.8 FT TO A PT MARKED BY AN

Parcel # 02-29-06-40-00-04-387

Last Assessed to: Belinda Brown
311 Clay Street
Mobile, AL 36603

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Manzie 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 THE STRUCTURE AT 1566 DUBLIN STREET EAST A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-090-2016

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1566 Dublin Street East has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE,
ALABAMA that the structure at 1566 Dublin Street East described as:

COM AT A PT WHERE THE E BDRY OF SUNSET PL DBK 135 P 35 INT THE N R/W/L OF MIDWAY AVE RUN ELY ALG SD N/L OF MIDWAY AVE 348.88 FT TO POB OF THE PPTY HEREIN DESC TH WITH A DEFL ANG OF

Parcel # 02-29-10-28-10-03-047

Last Assessed to: Yarborough Marine & Iron
c/o Asset Management
300 Rapier Avenue
Mobile, AL 36604

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Manzie 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 # 1534. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 58-091-2016

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 #1534 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 8th day of March, 2016 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 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.

ASSESS COST FOR REMOVAL OF WEEDS, GROUP # 1520. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 58-092-2016

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 culling such weeds, and the City Council being of the opinion that such report in all respects be confirmed:

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1520 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 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.

ADD CONSTRUCTIVE IDEAS TO THE LIST OF PRIVATE CONTRACTORS OT ABATE PROPERTIES DECLARED PUBLIC NUISANCES. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-093-2016

WHEREAS, the City Council of Mobile, Alabama, on February 28, 1990, adopted Ordinance No. 24-014, entitled "AN ORDINANCE AMENDING ORDINANCE NUMBER 24-074 ADOPTED JULY 5, 1988, PROVIDING THAT CERTAIN WEEDS AND DEBRIS WITHIN THE CITY OF MOBILE CONSTITUTE A PUBLIC NUISANCE; ABATEMENT AND PRIVATIZATION PROCEDURES; ASSESSMENT, COLLECTION, AND ENFORCEMENT PROCEDURES; and

WHEREAS, Article III, Section III, of said Ordinance provided that a "rotation list" of private contractors be established to abate properties declared public nuisances; and

WHEREAS, the following company has complied with all requirements of said Ordinance, and all documentation required by said Ordinance is on file in the Lot Cleaning Division of the Land Use/Code Administration Department.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that Constructive Ideas be added to the rotation list for utilization by the City of Mobile to abate properties declared as public nuisances.

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.

MOTION TO RE-HEAR PLANNING COMMISSION APPEAL OF COOPER MARINE AND TIMBERLANDS CORPORATION. The following motion was introduced by Councilmember Rich.

Councilmember Rich moved that the Council re-hear the January 5, 2016 Planning Commission appeal of Cooper Marine and Timberlands Corporation. The motion was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Rich and Manzie
Nays: Williams, Small, Gregory and Richardson
Abstention: Daves

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the motion denied.

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE AGREEMENT WITH THE JAPANESE GARDEN FOUNDATION, INC. FOR THE DESIGN AND CONSTRUCTION OF A PUBLIC RESTROOM FACILITY AT THE JAPANESE GARDENS, $150,000.00 (CO247; DESIGN AND CONSTRUCTION OF PUBLIC RESTROOMS, 2016 CIP PROJECT #406-D7). The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 10, 2016.

RESOLUTION: 01-094-2016

Sponsored by: Councilmember Gregory 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, an Agreement by and between the Japanese Garden Foundation, Inc. ("Foundation") and the City of Mobile, to design and construct public restrooms at the Mobile Japanese Gardens, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk.

AUTHORIZE AGREEMENT WITH THE SOUTH ALABAMA BOTANICAL & HORTICULTURAL SOCIETY TO IMPROVE THE ENTRANCE AND SURROUNDING AREAS OF THE MOBILE BOTANICAL GARDENS, $150,000.00 (CO246;2016 CIP PROJECT-D7). The following resolution was laid over for one (1) week until the regular meeting of Tuesday, February 10, 2016.

RESOLUTION: 01-095-2016

Sponsored by: Councilmember Gregory 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, an Agreement by and between the South Alabama Botanical & Horticultural Society ("Society") and the City of Mobile, to improve the entrance and surrounding areas of the Mobile Botanical Gardens, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk.

AUTHORIZE CONTRACT WITH ROBERT J. BAGGETT, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL-EMERGENCY PARKING DECK REPAIRS, $26,146.00 (CO01-C.W.). The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 10, 2016.

RESOLUTION: 21-096-2016

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: Robert J. Baggett, Inc.

Project Name: City of Mobile, Alabama Cruise Terminal
Emergency Parking Deck Repairs

Project Number: CT-017-16

Amount: $26,146.00

ASSENT TO THE VACATION OF UNOPENED ALLEYWAYS AND RIGHT-OF-WAY OF MCLEAN AVENUE (FORMER CRICHTON ELEMENTARY SCHOOL SITE). The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 10, 2016.

RESOLUTION: 47-097-2016

WHEREAS, it having been known to the City Council of the City of Mobile that:

The Board of School Commissioners of Mobile County, a public body corporate, is the owner of the following described lands, to-wit:

Commence at the Southeast corner of intersection of Spring Hill Avenue and Davenport Avenue, as the same are laid out on that certain map or plat of "Haas Place" made by A. S. Towle, and recorded in Office of the Judge of Probate of Mobile County, Alabama, in Deed Book 153, page 266, for a beginning point; run from the said southeast corner in an eastwardly direction along the southern margin or edge of Spring Hill Avenue 277 feet to the southwest corner or intersection of Spring Hill Avenue and McLean Avenue as shown upon the said plat; run thence south and at right angles to Haas Avenue 457 feet to a point on the north margin or boundary line of Haas Avenue, (thence ran westwardly along the said north margin or boundary line of Haas Avenue) 518 feet to the northeast corner or intersection of Haas Avenue and Davenport Avenue; thence run in a northeastwardly direction along the eastern side of Davenport Avenue 633 feet to Spring Hill Avenue at the place of beginning; being a part of that certain property heretofore conveyed to the grantor herein by George E. Haas and others by deed dated October 15, 1908 and recorded in Deed Book 137, page 212.

WHEREAS, said lands are further described as follows, to-wit:

Beginning at the northwest corner of Lot 106, Haas Place as recorded in Deed Book 153, Page 266 in the office of the Judge of Probate Mobile County, Alabama said point also being the intersection of the south line of Spring Hill Avenue with the east line of Davenport Avenue; thence run south 64 degrees, 49 minutes, 34 seconds east along said south line of Spring Hill Avenue, 264.14 feet to the intersection of said south line with the west line of McLean Avenue; thence run South 00 degrees, 42 minutes, 46 seconds west along said west line of McLean Avenue, 456.44 feet to the intersection of said west line with the north line of Haas Avenue; thence run north 89 degrees, 37 minutes, 04 seconds west along said north line of Haas Avenue, 506.15 feet to the intersection of said north line with the aforementioned east line of Davenport Avenue; thence run north 25 degrees, 45 minutes, 16 seconds east along said east line of Davenport Avenue, 627.74 feet to the Point of Beginning, containing 4.55 acres, more or less.

WHEREAS, within said lands there exists alleys and the former right of way of McLean Avenue as shown on the map or plat of Haas Place which is recorded in Deed Book 153, page 266, of the records in the Office of the Judge of Probate of Mobile County, Alabama; and,

WHEREAS, by instrument dated November 15, 1917, and recorded in Deed Book 176, Page 211, of the records in the Office of the Judge of Probate of Mobile County, Alabama, the right of way for McLean Avenue between Springhill Avenue and Haas Avenue was relocated to its present location so as to run perpendicular to Haas Avenue, and the current McLean Avenue right of way adequately replaces the unopened former right of way; and,

WHEREAS, it has been shown to the satisfaction of the Mobile City Council that the Board of School Commissioners of Mobile County is the only owner of lands abutting said alleys and form right of way of McLean Avenue; and,

WHEREAS, the Board of School Commissioners of Mobile County desires to vacate said alleys and former right of way for McLean Avenue and has provided notice of its request to vacate to all utility providers with utility lines or facilities within the area to be vacated in accordance with the Code of Alabama; provided, however, that entities with utility lines, equipment or facilities in place within said alleys or right of way at the time of vacation shall have the right to continue to access, maintain, extend, and enlarge their lines, equipment and facilities to the same extent as if the vacation had not occurred, and has petitioned the Mayor and Mobile City Council to vacate same; and,

WHEREAS, the Board of School Commissioners of Mobile County has now submitted a Petition to the Mobile City Council to vacate said unopened alleys and former right of way for McLean Avenue more particularly described herein, being a public street and alleys lying with the city Iimits of the City of Mobile, Alabama, pursuant to Code of Alabama § 23-4-20, as amended; and,

WHEREAS, all utility providers have issued their written consent to the aforesaid vacation;

WHEREAS, the said unopened alleys and former right of way for McLean Avenue are not as a public right-of-way in the City of Mobile, Alabama, and the aforesaid vacation is in public interest; and,

WHEREAS, no other property owners own any land within or abutting the areas affected by this vacation and thus will not be denied means of ingress and egress to and from their property or be otherwise affected by the vacation of said alleys and right of way; and,

WHEREAS, the approximate square footage of the area to be vacated is 33,575 square feet, more or less, the approximate square footage of the entire parcel is 198,198 square feet, more or less, Id the 2015 Mobile County Revenue Commission assessed value of the entire parcel is $27,610.00; and,

NOW, THEREFORE, the premises considered, BE IT RESOLVED by the City Council of the City of Mobile, pursuant to § 23-4-20 of the Code of Alabama (1975), as amended, that the following described alleys and former right of way of McLean Avenue are hereby vacated:

All alleys and the former street right of way for McLean Avenue located within that certain parcel of land in the City of Mobile, Mobile County, Alabama, in Section 18, Township 4 south, Range I west, bounded on the north by Spring Hill Avenue, on the east by the present right of way of McLean Avenue, on the south by Haas Avenue, and on the west by Davenport Avenue, as shown on the map or plat of "Haas Place" made by A.S. Towle and recorded in the Office of the Judge of Probate of Mobile County, Alabama, in Deed Book 153, page 266, said parcel being more particularly described as follows, to-wit:

Commence at the southeast corner of intersection of Spring Hill Avenue and Davenport Avenue, as the same are laid out on that certain map or plat of "Haas Place" made by A. S. Towle, and recorded in Office of the Judge of Probate of Mobile County, Alabama, in Deed Book 153, page 266, for a beginning point; run from the said southeast corner in an eastwardly direction along the southern margin or edge of Spring Hill Avenue 277 feet to the southwest corner or intersection of Spring Hill Avenue and McLean Avenue as shown upon the said plat; run thence south and at right angles to Haas Avenue 457 feet to a point on the north margin or boundary line of Haas Avenue, (thence run westwardly along the said north margin or boundary line of Haas Avenue) 518 feet to the northeast corner or intersection of Haas Avenue and Davenport Avenue; thence run in a northeastwardly direction along the eastern side of Davenport Avenue 633 feet to Spring Hill Avenue at the place of beginning; being a part of that certain property heretofore conveyed to the grantor herein by George E. Haas and others by deed dated October 15, 1908 and recorded in Deed Book 137, page 212.

Said parcel being alternately described as:

Beginning at the northwest corner of Lot 106, Haas Place as recorded in Deed Book 153, Page 266 in the office of the Judge of Probate Mobile County, Alabama said point also being the intersection of the south line of Spring Hill Avenue with the east line of Davenport Avenue; thence run south 64 degrees, 49 minutes, 34 seconds east along said south line of Spring Hill Avenue, 264.14 feet to the intersection of said south line with the west line of McLean Avenue; thence run south 00 degrees, 42 minutes, 46 seconds west along said west line of McLean Avenue, 456.44 feet to the intersection of said west line with the north line of Haas Avenue; thence run north 89 degrees, 37 minutes, 04 seconds west along said north line of Haas Avenue, 506.15 feet to the intersection of said north line with the aforementioned east line of Davenport Avenue; thence run north 25 degrees, 45 minutes, 16 seconds east along said east line of Davenport Avenue, 627.74 feet to the Point of Beginning, containing 4.55 acres, more or less.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARINGS (SCHEDULED FOR MARCH 1, 2016): The following call for public hearing to rezone property at 8561 U.S. Highway 90 West (north side of Hamilton Boulevard, 2/10 +/- mile East of U.S. Highway 90 West, extending to the West terminus of East Rite Road) from R-A to I-2 was introduced by Councilmember Williams.

RESOLUTION: 41-098-2016

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunit


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