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 10, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, FEBRUARY 10, 2016

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

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

Reverend Charlotte V. Greene, Ministerial Staff Member, Bethel AME Church.

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 February 2, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson recognized the police department, first responders and public works along with the Sheriff’s department and State Troopers, for the excellent job they did during the Mardi Gras Season.

Mayor Stimpson reported that the USS Farragut was in port for Mardi Gras. The Mayor was honored to have breakfast with the Captain of the ship. While in Mobile the sailors helped with a painting project at the Harmon Recreation center.

Mayor Stimpson stated that on today’s agenda is the first phase of the re-design of Water Street. Ultimately, this project will make Water Street safer and more walkable for citizens to better enjoy the waterfront.

Mayor Stimpson commented that several more capital improvement projects are on today’s agenda. He declared this is possible because of the careful fiscal management of the past two (2) years.

Mayor Stimpson encouraged everyone to visit Unity Park and to tour the Dora Franklin Finley African American Heritage Trail in celebration of Black History Month.

Chief Barber advised that 1.172 million people visited downtown Mobile during the Mardi Gras season. The chief stated that the arrest rate was the lowest in ten (10) years and that most arrests were for minor incidents.

Chief Barber reported that shots were fired at Conti and Scott Streets, resulting in the murder of a fifteen year old boy.

Councilmember Gregory presented a proclamation to the Mobile County Public School System proclaiming February 2016 as Career & Technical Education Month. School Board member Robert Battles accepted the Proclamation.

ADOPTION OF THE AGENDA:

Councilmember Small moved for the adoption of the agenda, which motion was seconded by Councilmember Rich, 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 Kimberly Burton for a waiver of the Noise Ordinance at 66 South Fulton Street on June 4, 2016 from 6:00 p.m. – 10:00 p.m. (District 1).

There being no objections, Councilmember Small moved that the waiver be granted, which motion was seconded by Councilmember Manzie, 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 Matthew Lemond, O’Daly’s Irish Pub, for a waiver of the Noise Ordinance at 564 Dauphin Street on March 12, 2016 from 4:00 p.m. – 12:00 a.m. (District 2).

There being no objections, Councilmember Small moved that the waiver be granted, which motion was seconded by Councilmember Manzie, 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.

(3)The Council considered the request of Anna Phan, Vietnamese Congregation of Alabama, for a waiver of the Noise Ordinance at 4275 Valta Drive on February 13, 2016 from 4:00 p.m. – 10:00 p.m. and February 14, 2016 from 1:00 p.m. – 10:00 p.m. (District 6).

There being no objections, Councilmember Small moved that the waiver be granted, which motion was seconded by Councilmember Manzie, 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.

RESOLUTIONS HELD OVER:

DECLARE THE STRUCTURE AT 1900 CLINTON STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution which was introduced and read at the regular meeting of Tuesday, January 5, 2016, and held over until the regular meeting of Tuesday, February 10, 2016, was called up by the Presiding Officer.

RESOLUTION: 40-013-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

WHEREAS, under the provisions of Ordinance No, 11-085, adopted November 26, 2002, the structure at 1900 Clinton 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, that the structure at 1900 Clinton Street described as:

BEG NW COR CLINTON ST & CARLETON AVE THEN W-LY ALG N/L CLINTON ST 65.8 FT THEN N LY 152 FT THEN E-LY 62.7 FT TO W/L CARLETON AVE S-LY ALG W/C 151 FT TO POB BEING P GRT SEC 44 #SEC 44 T4S

Parcel # 02-29-02-44-00-23-276.

Last Assessed to: Doris Womack
c/o David K. Law, Sr.
3851 Bainbridge Drive
Daphne, AL 36526

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 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 AGREEMENT WITH 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 which was introduced and read at the regular meeting of Tuesday, February 2, 2016, and held over until the regular meeting of Tuesday, February 10, 2016, was called up by the Presiding Officer.

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.

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.

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 which was introduced and read at the regular meeting of Tuesday, February 2, 2016, and held over until the regular meeting of Tuesday, February 10, 2016, was called up by the Presiding Officer.

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.

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

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

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

AUTHORIZE CONTRACT WITH ROBERT J. BAGGETT, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL-EMERGENCY PARKING DECK REPAIRS, $26,146.00 (CO018-C.W.). The following resolution which was introduced and read at the regular meeting of Tuesday, February 2, 2016, and held over until the regular meeting of Tuesday, February 10, 2016, was called up by the Presiding Officer.

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

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

ASSENT TO THE VACATION OF UNOPENED ALLEYWAYS AND RIGHT-OF-WAY OF MCLEAN AVENUE (FORMER CRICHTON ELEMENTARY SCHOOL SITE). The following resolution which was introduced and read at the regular meeting of Tuesday, February 2, 2016, and held over until the regular meeting of Tuesday, February 10, 2016, was called up by the Presiding Officer.

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 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.

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 former 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 limits 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; and,

WHEREAS, the said unopened alleys and former right of way for McLean Avenue are not needed as a public right-of-way in the City of Mobile, Alabama, and the aforesaid vacation is in the 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, and the 2015 Mobile County Revenue Commission assessed value of the entire parcel is $27,600.00; 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 1 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.

Notice of this Resolution shall be published once in a newspaper in Mobile County no later than fourteen (14) days after its adoption.

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

Notice of this Resolution shall be published once in a newspaper in Mobile County no later than fourteen (14) days after its adoption.

ORDINANCES BEING INTRODUCED:

AUTHORIZE THE EXECUTION OF A QUITCLAIM DEED TO MOBILE COUNTY CONVEYING 5% UNDIVIDED INTEREST IN HERNDON PARK. The following ordinance was laid over for one (1) week to the regular meeting of Tuesday, February 16, 2016.

Ordinance 88-006-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

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

SECTION ONE: That 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 Quitclaim Deed attached hereto conveying a five percent (5%) undivided interest in certain real property to Mobile County known as Herndon Park, for so long as the property is used as a public park.

SECTION TWO: 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 conveyance and transfer of said undivided interest in said real property.

SECTION THREE: Said deed is by reference made a part of this Ordinance as if fully 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 Officer of the City of Mobile, Fourth Floor, Government Plaza, 205 Government Street, Mobile, Alabama.

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 03-099 through 37-103. The motion was seconded by Councilmember Manzie, 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:

APPOINT DEVIN FORD TO THE KEEP MOBILE BEAUTIFUL BOARD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-099-2016

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Devin Ford is appointed to the Keep Mobile Beautiful Board effective immediately, to fill an unexpired term, ending September 30, 2017.

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

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

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

AUTHORIZE THE MAYOR TO ACCEPT AN ADECA GRANT FOR PARK IMPROVEMENTS AND ISSUE PAYMENT TO THE MOBILE AIRPORT AUTHORITY FOUNDATION FOR WORK AT DOYLE PARK (NO MATCHING FUNDS). The following resolution was introduced by Councilmember Rich

RESOLUTION: 31-100-2016

WHEREAS, the Friends of Doyle Park ("Friends") has as its principal purpose the improvement of Doyle Park, a twenty-four (24) acre City owned park located at 1728 Rosedale Road; and,

WHEREAS, by Resolution No. 60-585 the City Council approved the plans of the Friends to improve and develop Doyle Park; and,

WHEREAS, on May 19, 2015, the City of Mobile ("City") awarded a contract to JA Dawson in the amount of $101,433.90 to construct park improvements and install playground equipment at Doyle Park, see City Council Resolution No. 21-283; and,

WHEREAS, JA Dawson completed the project in September, 2015; and,

WHEREAS, the Mobile Airport Authority Foundation ("MAAF"), is an Alabama charitable corporation created to enhance and better the Mobile community; and,

WHEREAS, to pay for the JA Dawson contract, the Friends by and through the Mobile
Community Foundation, contributed $27,240.00 to the City; MAAF contributed $49,193.90 to the City, and the City assumed responsibility for the balance of $25,000.00; and,

WHEREAS, the MAAF conditioned its contribution on the understanding that, in the event the City received a grant for the Park Improvements, the grant funds up to the amount of its contribution would be distributed to the MAAF; and, Economic and Community Affairs ("ADECA") for a grant of $50,000 for the development and improvement of Doyle Park, and has now learned that ADECA approved the grant application; and,

WHEREAS, the MAAF has asked the City to distribute $49,193.90 to it immediately, so that it can, in turn, distribute the funds to the Friends and enable them to complete the current phase of Doyle Park renovations; and,

WHEREAS, the City expects the ADECA grant approval process to take several weeks to complete; and,

WHEREAS, the City desires to repay MAAF its contribution to the City in the amount of $49,193.90, which funds MAAF, by and through the Friends, will use to revitalize Doyle Park as described in and approved by City Council Resolution 60-585; and,

WHEREAS, upon receipt, the City will retain the ADECA grant payment in the amount of $50,000;

NOW, THEREFORE, BE IT RESOLVED:

That the Mayor is authorized to accept a grant from ADECA in the amount of $50,000 for improvements to Doyle Park; That the Mayor, by and through his staff; is authorized upon adoption of this Resolution to issue a payment to the Mobile Airport Authority Foundation in the amount of $49,193.90, as repayment of its contribution to the City's contract with JA Dawson for its work on Doyle Park; and, That the City will, upon receipt, retain the grant for said work in the amount of $50,000 awarded by ADECA.

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.

GRANT CLOSE-OUT OF THE NEIGHBORHOOD STABILIZATION PROGRAM GRANT AND ACTIVITIES FUNDED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THROUGH THE ALABAMA DEPARMTENT OF ECONOMIC AND COMMUNITY AFFAIRS (ADECA). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 31-101-2016

Sponsored by: Mayor Stimpson

WHEREAS, the City of Mobile receives grant funds from the Alabama Department of Economic and Community Affairs (ADECA) Neighborhood Stabilization Program (NSP), under Title III and Section 2301(b) of the Housing and Economic Recovery Act of 2008 (HERA), as amended. The NSP Program is designed to stabilize neighborhoods as part of the housing downturn by purchasing properties for rehabilitation or redevelopment and selling them at near market rates to assist pricing resiliency with the end result being that middle, moderate, and low income persons are assisted; and

WHEREAS, ADECA is preparing to close out their grant with HUD and have asked all grantees, the City included, to transfer all assets to the Non-profits and developers that they are currently working with to facilitate the close out;

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor, or his designee, is directed and authorized to act on behalf of the City of Mobile in the amending all existing developer and sub-recipient agreements that utilize NSP funds from ADECA to allow for the transfer of assets from the City to the other party for the use of NSP activities for a period of up to 15 years, and that this authorization extends to the execution of all required close out agreements and amendments to the ADECA agreement to facilitate close out and any other certifications or documents required by said Federal and State funds.

A copy of these Amendments shall remain on file in the office of the City Clerk.

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

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

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

AUTHORIZE THE MAYOR TO ACCEPT FY2015 HOMELAND SECURITY GRANT FOR THE URBAN SEARCH AND RESCUE TEAM, $91,833.00 (NO CITY MATCH). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 31-102-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that The Mayor and the City Clerk authorize The Mobile Fire Rescue Department to accept the Alabama FY2015 State Homeland Security amount of $91,833.00. These funds will be used solely for the Urban Search and Rescue Team to enable it to purchase supplies and equipment.

No matching funds are required.

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.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR COTTAGE HILL CHEVRON, 6400 COTTAGE HILL ROAD. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 37-103-2016

Sponsored by: Councilmember Rich

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

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

Submitted by: Discount Market, LLC

Location: Cottage Hill Chevron
6400 Cottage Hill Road

The resolution was read by the City Clerk; whereupon Councilmember Rich 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 BEING INTRODUCED:

AUTHORIZE AGREEMENT WITH MOBILE COUNTY FOR FUNDING THE CONSTRUCTION OF PUBLIC RESTROOMS IN HERNDON PARK, $300,000.00 (PAID BY MOBILE COUNTY). The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 16, 2016.

RESOLUTION: 01-104-2016

Sponsored by: Councilmember Richardson 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, the Agreement by and Between the City of Mobile and the County of Mobile for Funding for Improvements to Herndon Park, to find the construction of public restrooms in the amount of $300,000, 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 ALDOT FOR THE COOPERATIVE MAINTENANCE OF PUBLIC RIGHT-OF-WAY (U.S. HIGHWAY 90 AND AZALEA ROAD). The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 16, 2016.

RESOLUTION: 01-105-2016

Sponsored by: Councilmember Williams and Mayor Stimpson

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

Name of Company: Alabama Department of Transportation

Project Name: ALDOT Agreement for the cooperative maintenance of public
Right-of-Way (US-90 and Azalea Road)

Estimated Cost: n/a

RE-ALLOCATE $2,940,000.00 FROM CAPITAL PROJECT #5551/CO116 RESERVE-CAPITAL IMPROVEMENT RESERVE TO VARIOUS CAPITAL IMPROVEMENT PROJECTS (FUND 551); FUNDS ARE TO BE RETURNED TO CP#551/CO116 IN THE FY2017 CAPITAL IMPROVEMENT FUNDS BUDGET (C.W.). The following resolution was laid over for one (1) week until the regular meeting of Tuesday, February 16, 2016.

RESOLUTION: 09-107-2016

Sponsored by: City Council and Mayor Stimpson

WHEREAS, the City of Mobile ("City") experienced severe storms and flooding from
December 23 through December 31, 2015; and,

WHEREAS, these severe and unanticipated storms caused damage to drainage structures and adjacent properties throughout the City, and thus accelerated the need for and urgency of certain capital projects; and,

WHEREAS, to promptly address this damage and thus avoid additional, more costly repairs, the City must immediately begin work on certain capital projects in the current 2016 Capital Improvement Program ("CT") that, in some cases, were scheduled for the 2017 CIP Program, and, in other cases, were not yet identified; and,

WHEREAS, in order to address these unanticipated capital needs, funds in the amount of $2,940,000.00 must be transferred from Capital Project #5551 (C0116) Reserve-Capital Improvements Reserve in the Capital Improvements Fund (551/2000) and reallocated to the projects listed below; and,

WHEREAS, the Council desires and hereby directs that this transfer be made with the understanding and agreement that the amount hereby added to the 2016 CIP for a certain Council district will be subtracted from the amount available to that same Council district under the 2017 CIP;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE: that the sum of $2,940,000.00 is temporarily borrowed from Capital Project #5551 (C0116) Reserve-Capital Improvements Reserve in the Capital Improvements Fund (551/2000) and reallocated to the following projects:

2016 CIP-D1
C0177 Citywide Inlet Repairs $ 25,000.00
CO264 3 Mi Ck-Fennel St/Bush Pk 200,000.00

2016 CM-D3
CO265 1125 North Dr. Pipe Lining 75,000.00
C0177 Citywide Inlet Repairs 25,000.00

2016 CIP-D4
C0177 Citywide Inlet Repairs 50,000.00
C0177 Citywide Inlet Repairs 20,000.00
CO213 Montlimar Crk Repairs 500,000.00
CO266 2556 Fleetwood Dr. N 60,000.00

2016 CIP-D5
CO257 Bolton Br. Univ to Azalea 650,000.00
CO267 2666 Gov't Blvd-Pipe Lining 60,000.00

2016 CIP-D6
CO236 2409 Woodland Inlet Impr 15,000.00
C0052 Miscellaneous Drainage 50,000.00
C0177 Citywide Inlet Repairs 25,000.00
C0177 Citywide Inlet Repairs 40,000.00
CO268 Cody Rd. (Milkhouse Crk) 25,000.00
2016 CIP-D7
CO269 4317 Marquette Dr. Inlet 75,000.00
C0177 Citywide Inlet Repairs 30,000.00
CO277 350 Gulfwood Dr. Drainage 25,000.00
CO270 3 Mi Ck Japanese Gardens 250,000.00
CO271 3 Mi Ck Brawood/Oak 40,000.00
C0177 Citywide Inlet Repairs 75,000.00
CO272 4558 Brookmore Pipe Lining 50,000.00
CO273 2124 Luckner Ct Dutra11 Rep 300,000.00
CO274 Zeigler @ 3Mi Crk Culv 75,000.00
CO275 3 Mi Ck @ 1204 Bowie Ct 200,000

AUTHORIZE CONTRACT WITH THOMPSON ENGINEERING, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH COMPLETE STREET DESIGN SERVICES FOR WATER STREET NORTH TO BEAUREGARD STREET AND SOUTH TO 1,500’ SOUTH OF GOVERNMENT STREET, $283,459.15 (TIF FUNDS). The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 16, 2016.

RESOLUTION: 21-108-2016

Sponsored by: Councilmember Manzie 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, the Professional Service Contract between the City of Mobile and Thompson Engineering, Inc., for the performance of all necessary professional engineering services in connection with complete streets design services for Water Street North to Beauregard Street, and South 1500 feet south of Government Street, as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said Professional Service Contract is on file in the office of the City Clerk.

AUTHORIZE CONTRACT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR GREENWICH HILLS SUBDIVISION DRAINAGE IMPROVEMENTS (2016 CIP PROJECT #402; D5) AND BURMA HILLS DRIVE DRAINAGE REPAIRS (2016 CIP PROJECT #198; D4), $40,000.00. The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 16, 2016.

RESOLUTION: 21-109-2016

Sponsored by: Councilmembers Daves and Williams 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: Michael Baker International, Inc.

Project Name: Greenwich Hills Subdivision Drainage Improvements (Dist. 5) and Burma Hills Drive Drainage Repairs (Dist. 4)

Engineering Project No. 2016-202-21

Estimated Cost: $40,000.00

AUTHORIZE CONTRACT WITH MARION’S PAINTING CONTRACOTRS, INC. FOR MIMS PARK EXTERIOR REPAIRS AND PAINTING, $27,650.00 (2016 CIP PROJECT #217; D4). The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 16, 2016.

RESOLUTION: 21-110-2016

Sponsored by: Councilmember Williams 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: Marion's Painting Contractors, LLC

Project Name: Mims Park Exterior Repairs and Painting

Project Number: PR-028-16 (2016 CIP Project #217) District 4

Amount: $27,650.00

ACCEPT PERMANENT SIDEWALK EASEMENTS FROM LILLIE WILLIAMS, ET AL, NEEDED FOR THE TOULMINVILLE SIDEWALKS 2014 CDBG PROJECT #2014-202-13. The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 16, 2016.

RESOLUTION: 25-111-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the City hereby accepts the following 8 Permanent Sidewalk easements and a State of Alabama Tax Deed as needed for the Toulminville Sidewalks 014 CDBG Project #.2014-202-13.

Permanent Sidewalk Easement from Lillie Williams.
Permanent Sidewalk Easement from Jonathan and Doris L. Yates.
Permanent Sidewalk Easement from Mary K. Radlein.
Permanent Sidewalk Easement from Shriners Hospitals for Children, a Non-Profit Colorado Corporation.
Permanent Sidewalk Easement from Patricia Ann Robinson
Permanent Sidewalk Easement from Dejuan Robinson
Permanent Sidewalk Easement from Lamonica T. Lee
Permanent Sidewalk Easement from Auto Robinson, Jr.
Tax Deed from the State of Alabama

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

GRANT AN EASEMENT TO THE BOARD OF WATER AND SEWER COMMISSIONERS FOR SANITARY SEWER LINE AND LIFT STATION. The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 16, 2016.

RESOLUTION: 25-112-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Permanent Sanitary Sewer Easements and Temporary Construction Easement for the Bizzel Ave. Area Sewer & Lift Station (LS2180) Project Number 00316.12, as prepared by Lawler and Company to the BOARD OF WATER AND SEWER COMMISSIONERS of the City of Mobile.

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

AUTHORIZE AGREEMENT WITH MOBILE COUNTY COMMISSION TO APPROPRIATE $799,000.00 IN FUNDS TO THE CITY OF MOBILE TO IMPROVE PORTIONS OF CERTAIN PUBLIC ROADS AND STREETS (MOBILE COUNTY RESURFACING CIP-2015-004A; CO283; D1 AND D2). The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 16, 2016.

RESOLUTION: 01-113-2016

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, the Agreement between the City of Mobile and the Mobile County Commission, for the Mobile County Commission to appropriate $799,000.00, for the City of Mobile to use to resurface and improve the public roads and streets shown on Exhibit A and 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 BURK-KLEINPETER INC. FOR DRAINAGE IMPROVEMENTS AND REPAIRS AT VARIOUS LOCATIONS, $11,700.00 (2016 CIP; D1 #24; D4 #196; D6 #315 & #364; D7; 2017 ADVANCED CAPITAL). The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 16, 2016.

RESOLUTION: 21-114-2016

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 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: Burk-Kleinpeter, Inc.

Project Name: 2016 CIP— Dist 1 #24, Dist 4 #196, Dist. 6 #315 & #383, Dist 7 #364 & 2017 Advanced Capital) 2016 Group C Drainage Improvements and Repairs at the following locations:
#24 (Disci)—Holleman Drive Drainage Repairs
#196 (Dist. 4)— Bolton's Branch Ditch Repairs (E. 1-65 Service Road to 300 ft eastward)
#315 (Dist 6) — Center Street Outfall to 12-Mile Creek (Channel Repairs)
#364 (Dist 7)— Summer Place Subdivision Retention Pond
(Dist. 1) (2017 Adv. Capital) Three Mile Greek (0) Fennel St./Bush Park Area (Channel Repairs)
(Dist. 7) (2017 Adv. Capital) Three Mile Creek @ Japanese Garden Area (Channel Repairs)
(Dist. 7) (2017 Adv. Capital) Three Mile Creek @ Brawood Dr/Oak Lane Area (Channel Repairs)
(Dist. 7) (2017 Adv. Capital) Three Mile Creek @ Zeigler Boulevard Culvert (Channel Repairs)

Estimated Cost: $112,700.00

ANNOUNCEMENTS

Councilmember Williams congratulated and thanked all those involved for making the Mardi Gras season successful.

Councilmember Small announced that a meeting will be held tonight at 6:00 p.m. at 2345 Halls Mill Road with coaches and parents to discuss the future of Maitre Park. Matthew Capps from the Parks Department will be present to answer questions.

Councilmember Small stated that on February 27, 2016 at 8:00 a.m. there will be a neighborhood clean-up in Fulton Heights.

Councilmember Small announced his district meeting will be held on March 15, 2016, 6:00 p.m., at Maryvale Elementary School. The Mayor has been invited to attend.

Councilmember Small concluded that his district Easter egg hunt will be held Saturday, March 26, 2016, 3:00 p.m., at Maryvale Elementary School. Mr. Small asked anyone who is interested in volunteering or sponsoring to contact his office.

Councilmember Rich added to the sentiments in thanking the public safety, public works, City Clerk’s and Revenue personnel for their roles during Mardi Gras.

Councilmember Rich expressed her concern that justice be served in regards to the murder of the fifteen year old boy Tuesday night.

Councilmember Richardson stated that the Crichton Community meeting will be held on Thursday, February 18, 2016, 6:00 p.m., at 2900 Springhill Avenue.

Councilmember Richardson announced that the Trinity Gardens Heritage Parade will be held Saturday, February 13, 2016, 11:00 a.m.

Councilmember Daves commended the police, fire and rescue and public works personnel on the outstanding job they performed during Mardi Gras.

Councilmember Manzie gave accolades to all City staff for a very successful Mardi Gras.

Councilmember Manzie also saluted the citizens for their patience and appreciation during Mardi Gras.

Councilmember Manzie offered his thoughts and prayers to the family of the fifteen year old who was shot and killed on Tuesday night.

Councilmember Gregory stated that she had the opportunity to welcome the crew of the USS Farragut to Mobile.

The Presiding Officer adjourned the meeting at approximately 11:18 a.m.

Approved:


_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK




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