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 16, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, FEBRUARY 16, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, February 16, 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 16, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, February 16, 2016, at 10:30 a.m., in regular meeting.

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

Reverend Patrick Munnerlyn, Associate Minister, Aimwell Baptist 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 10, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Chief of Staff Colby Cooper announced that Mayor Stimpson is out of town at the Singapore Air Show.

Councilmember Gregory introduced the Student Councils of Wilmer and Leinkauf Elementary Schools.

Mr. Eddie Irby, 1116 Richard Road, Mobile, of the 92nd Division of Buffalo Soldiers, introduced Bennie G. Atkins, John Stanford Davis and Billy McFadden. These veterans will be celebrated by the 92nd Division of Buffalo Soldiers this month.

Mr. Irby thanked the Executive Director of Public Safety Richard Landolt for having the police department provide a police escort for his group.

ADOPTION OF THE AGENDA:

Councilmember Small moved for the adoption of the agenda, which motion was seconded by Councilmember Richardson, 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.

ORDINANCES HELD OVER:

AUTHORIZE THE EXECUTION OF A QUITCLAIM DEED TO MOBILE COUNTY CONVEYING 5% UNDIVIDED INTEREST IN HERNDON PARK. The following ordinance which was introduced and read at the regular meeting of Tuesday, February 10, 2016, and laid over until the regular meeting of Tuesday, February 16, 2016, was called up by the Presiding Officer.

ORDINANCE: 88-006-2016

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.

The ordinance 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 ordinance adopted.

STATE OF ALABAMA)
COUNTY OF MOBILE)

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-004 Series 2016, was published in the Press-Register, a newspaper of general circulation in the City and County of Mobile, Alabama, on:

IN WITNESS WHEREOF, I have hereunto set my hand on this day of , 2016.

RESOLUTIONS HELD OVER:

DISSOLVE THE HUMAN RELATIONS COMMISSION. The following resolution which was introduced and read at the regular meeting of Tuesday, December 15, 2015, and laid over until the regular meeting of Tuesday, February 16, 2016, was called up by the Presiding Officer.

RESOLUTION: 60-813-2016

Sponsored by: Councilmember Daves

WHEREAS, the Human Relations Commission was created to serve at the pleasure of the City Council by Resolution 60-092 adopted February 9, 1993; and,

WHEREAS, the Commission has not met in several years.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Human Relations Commission shall be, and hereby is, dissolved and abolished.

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

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 which was introduced and read at the regular meeting of Tuesday, February 10, 2016, and held over until the regular meeting of Tuesday, February 16, 2016, was called up by the Presiding Officer.

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 fund 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.

The resolution was read by the City Clerk; whereupon Councilmember Small 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 AGREEMENT WITH ALDOT FOR THE COOPERATIVE MAINTENANCE OF PUBLIC RIGHT-OF-WAY (U.S. HIGHWAY 90 AND AZALEA ROAD). The following resolution which was introduced and read at the regular meeting of Tuesday, February 10, 2016, and held over until the regular meeting of Tuesday, February 16, 2016, was called up by the Presiding Officer.

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

The resolution was read by the City Clerk; whereupon Councilmember Williams 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 ALDOT FOR GRADING AND/OR LANDSCAPING ON RIGHT-OF-WAY (U.S. HIGHWAY 90 AND AZALEA ROAD). The following resolution which was introduced and read at the regular meeting of Tuesday, February 10, 2016, and held over until the regular meeting of Tuesday, February 16, 2016, was called up by the Presiding Officer.

RESOLUTION: 01-106-2016

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 grading and/or landscaping on
Right-of-Way (US-90 and Azalea Road)

Estimated Cost: n/a

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

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 which was introduced and read at the regular meeting of Tuesday, February 10, 2016, and held over until the regular meeting of Tuesday, February 16, 2016, was called up by the Presiding Officer.

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 Mile Creek-Fennel St/Bush Park 200,000.00

2016 CIP-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 Creek Repairs 500,000.00

CO266 2556 Fleetwood Dr. N 60,000.00

2016 CIP-D5
CO257 Bolton Br. University to Azalea 650,000.00

CO267 2666 Gov't Blvd-Pipe Lining 60,000.00

2016 CIP-D6

CO236 2409 Woodland Inlet Improvement 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 Creek) 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 Mile Creek Japanese Gardens 250,000.00

CO271 3 Mile Creek Brawood/Oak 40,000.00

C0177 Citywide Inlet Repairs 75,000.00

CO272 4558 Brookmore Pipe Lining 50,000.00

CO273 2124 Luckner Ct Outfall Rep 300,000.00

CO274 Zeigler @ 3Mi Creek Culv 75,000.00

CO275 3 Mile Creek @ 1204 Bowie Ct 200,000.00

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

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

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

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).

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.

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.

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 which was introduced and read at the regular meeting of Tuesday, February 10, 2016, and held over until the regular meeting of Tuesday, February 16, 2016, was called up by the Presiding Officer.

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)
Burma Hills Drive Drainage Repairs (Dist. 4);

Engineering Project No. 2016-202-21

Estimated Cost: $40,000.00

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

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

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

AUTHORIZE CONTRACT WITH MARION’S PAINTING CONTRACTORS, INC. FOR MIMS PARK EXTERIOR REPAIRS AND PAINTING, $27,650.00 (2016 CIP PROJECT #217; D4). The following resolution which was introduced and read at the regular meeting of Tuesday, February 10, 2016, and held over until the regular meeting of Tuesday, February 16, 2016, was called up by the Presiding Officer.

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

Amount: $27,650.00 (2016 CIP Project #217) District 4

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

ACCEPT PERMANENT SIDEWALK EASEMENTS FROM LILLIE WILIAMS, ET AL, NEEDED FOR THE TOULMINVILLE SIDEWALKS 2014 CDBG PROJECT #2014-202-13. The following resolution which was introduced and read at the regular meeting of Tuesday, February 10, 2016, and held over until the regular meeting of Tuesday, February 16, 2016, was called up by the Presiding Officer.

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 2014 CDBG Project # 2014-202-13.

1. Permanent Sidewalk Easement from Lillie Williams.
2. Permanent Sidewalk Easement from Jonathan and Doris L. Yates.
3. Permanent Sidewalk Easement from Mary Racllein.
4. Permanent Sidewalk Easement from Shriners Hospitals for Children, a Non-Profit
Colorado Corporation.
5. Permanent Sidewalk Easement from Patricia Ann Robinson
6. Permanent Sidewalk Easement from Dejuan Robinson
7. Permanent Sidewalk Easement from Lamonica T. Lee
8. Permanent Sidewalk Easement from Auto Robinson, Jr.
9. Tax Deed from the State of Alabama

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

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

GRANT AN EASEMENT TO THE BOARD OF WATER AND SEWER COMMISSIONERS FOR SANITARY SEWER LINE AND LIFT STATION. The following resolution which was introduced and read at the regular meeting of Tuesday, February 10, 2016, and held over until the regular meeting of Tuesday, February 16, 2016, was called up by the Presiding Officer.

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 Easement and Temporary Construction Easement for the Bizzel Ave. Area Sewer & Lift Station (LS2180) Project Number 100316.12, 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 if fully set forth herein.

The resolution was read by the City Clerk; whereupon Councilmember Manzie 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 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 which was introduced and read at the regular meeting of Tuesday, February 10, 2016, and held over until the regular meeting of Tuesday, February 16, 2016, was called up by the Presiding Officer.

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.

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

AUTHORIZE CONTRACT WITH BURK-KLEINPETER, INC. FOR DRAINAGE IMPROVEMENTS AND REPAIRS AT VARIOUS LOCATIONS, $112,700.00 (2016 CIP; D1 #24; D4 #196; D6 #315 & #364; D7; 2017 ADVANCED CAPITAL). The following resolution which was introduced and read at the regular meeting of Tuesday, February 10, 2016, and held over until the regular meeting of Tuesday, February 16, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-114-2016

Sponsored by: Councilmembers, Richardson, Williams, Rich and Gregory and
Mayor Stimpson

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

Name of Company: Burk-Kleinpeter, Inc.

Project Name: (2016 GIP— 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 (Dist.1)— 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 Wall to 12-Mile Creek (Channel Repairs)
#364 (Dist 7)— Summer Place Subdivision Retention Pond
(Dist. 1) (2017 Adv. Capital) Three Mile Creek © Fennel St./Bush Park Area (Channel Repairs)
(Dist. 7) (2017 Adv. Capital) Three Mile Creek (5) 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 Culved (Channel Repairs)

Estimated Cost: $112,700.00

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

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE AMENDMENT #7 TO THE AGREEMENT WITH TYLER TECHNOLOGIES (2016-$17,289.00; $13,289.00 ANNUALLY FOR SUBSEQUENT YEARS) (CP7355; FUND 523; C.W.). The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 23, 2016.

RESOLUTION: 01-115-2016

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, Amendment No. 7 to the Agreement dated October 28, 2014, between City of Mobile and Tyler Technologies, Inc., as outlined in Amendment No. 7 attached hereto and made a part hereof as though set forth in full herein. Amendment No. 7 provides for the Prosecutor Module to be implemented in Phase 2 and the Court Case Management Probation Conversion Service to be removed from the Agreement.

A copy of said agreement is on file in the office of the City Clerk.

AUTHORIZE CONTRACT WITH ENMON ENTERPRISES, LLC D/B/A JANI-KING OF MOBILE FOR JANITORIAL SERVICES AT VARIOUS FACILITIES, $411,426.26 (C.W.) The following resolution was held over for one (1) week until the regular meeting of Tuesday, February 23, 2016.

RESOLUTION: 21-116-2016

Sponsored by: City Council and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, 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: Enmon Enterprises, LLC d/b/a Jani-King of Mobile

Project Name: Janitorial Service

Project Number: SC-067-16

Amount: $411,426.26

AUTHORIZE CONTRACT WITH HARWELL & COMPANY, LLC FOR SIDEWALK REPAIR SERVICES AT VARIOUS LOCATIONS, $954,750.00 (2016 CIP PROJECTS, 2, 65, 396, 156 AND 190; D1, D2, D3 AND D4). The following resolution was laid over for one (1) week until the regular meeting of Tuesday, February 23, 2016.

RESOLUTION: 21-117-2016

Sponsored by: Councilmembers Gregory, Richardson, Rich, 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 though set forth in full. A copy of said contract will be on file in the office of the City Clerk.

Name of Company: Harwell & Company, Inc.

Project Name: 2016 Sidewalk Repair & Maintenance

Project Number: 2016-202-22-A

Estimated Cost: $954,750.00

Councilmember Manzie expressed his concern that documentation received from the Purchasing Department was ambiguous in stating a defined path in achieving the goal of minority participation in the sidewalk projects. For this reason, the two contractors for Harwell & Company, Inc. and Asphalt Services, Inc. have been invited to the Council meeting to state their plans for diversity.

Chief Procurement Officer Don Rose reported unprecedented openness and transparency in the process of awarding contracts. Mr. Rose and Supplier Diversity Manager Archnique Kidd introduced a new form for contractors to state in advance their intentions in meeting the City’s fifteen percent disadvantaged business enterprise standard. Mr. Rose advised that both contractors did submit the forms.

Mr. Rose introduced Mr. Doug Harwell, President of Harwell & Company, Inc.

Doug Harwell, 2390 Raymond Tanner Road, Semmes, Alabama, stated that he contacted Preston Hughes, a minority business owner, to ask if Mr. Hughes would be interested in sub-contracting on the project with Harwell & Company, Inc. Mr. Harwell also contacted Andre Course of E.L.P. Enterprise, LLC.

Councilmember Manzie asked Mr. Harwell if his form would be completely filled out by next week’s City Council meeting. Mr. Harwell said that his intention is to work with either Mr. Hughes or Mr. Course.

Councilmember Richardson said he will be looking for at least fifteen percent of the contract to go to disadvantaged business enterprises. Mr. Richardson also stated that he expects the form to be completed.

Councilmember Gregory told Mr. Harwell to work with the Engineering Department and Mr. Rose’s staff to clarify the form.

Councilmember Williams asked Mr. Course if he felt the bid process was open and fair. Mr. Course responded affirmatively.

AUTHORIZE CONTRACT WITH ASPHALT SERVICES, INC. FOR SIDEWALK REPAIR SERVICES AT VARIOUS LOCATIONS, $1,005,100.00 (2016 CIP PROJECTS 242, 265, 300, 313, 336 AND 366; D5, D6 AND D7). The following resolution was laid over for one (1) week until the regular meeting of Tuesday, February 23, 2016.

RESOLUTION: 21-118-2016

Sponsored by: Councilmembers Gregory, Richardson, Rich, 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 though set forth in full. A copy of said contract will be on file in the office of the City Clerk.

Name of Company: Asphalt Services, Inc.

Project Name: 2016 Sidewalk Repair & Maintenance

Project Number: 2016-202-22-6

Estimated Cost: $1,005,100.00

Councilmember Manzie asked Taylor Renfroe, Asphalt Services, Inc., his plan for satisfying the City’s fifteen percent disadvantaged business enterprise in the project. Mr. Renfroe, 11045 Old Highway 31, Spanish Fort, Alabama, answered that if needed, he would sub-contract with Preston Hughes or E.L.P. Enterprise, LLC. Mr. Renfroe said that Asphalt Services, Inc. normally fulfills most contracts in-house without sub-contracting.

Councilmember Williams asked Mr. Renfroe the make-up of his company. Mr. Renfroe responded that the company is comprised of approximately fifty-five percent minorities.

City Council Attorney Jim Rossler clarified there are two parts of the law regarding the City’s fifteen percent participation requirement. The law states the fifteen percent shall be by socially and economically disadvantaged individuals or reasonable effort to ensure that fifteen percent of the total value of all contracts shall be awarded to qualified contractors who are socially and economically disadvantaged.

Councilmember Williams stated that Mr. Renfroe is not required by law to sub-contract.

Councilmember Gregory encouraged Mr. Renfroe and Mr. Harwell to work with the City’s attorney or Mr. Rose and Ms. Kidd if they have any questions.

Councilmember Small requested City Council Attorney Jim Rossler e-mail all City Council members the definition of the law.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 3500 AND 3520 GOVERNMENT BOULEVARD (NORTH SIDE OF WEST I-65 SERVICE ROAD SOUTH, 510’ +/- EAST OF LAKESIDE DRIVE) FROM I-1 AND B-3 TO B-3. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 41-119-2016

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 opportunity of being heard in opposition to of in favor of such amendment.

NOTICE OF HEARING TO REZONE PROPERTY AT 3500 AND 3520 GOVERNMENT BOULEVARD (NORTH SIDE OF WEST I-65 SERVICE ROAD SOUTH, 510’ +/- EAST OF LAKESIDE DRIVE) FROM I-1 AND B-3 TO B-3.

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

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

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

LOT 1 RESUBDIVISION OF LOT 2, PHASE ONE, HARRIS BUSINESS PARK AS RECORDED IN MAP BOOK 79 PAGE 105, PROBATE COURT RECORDS, MOBILE COUNTY ALABAMA.

The classification of said property is hereby changed from Rezoning from I-1, Light Industry District, and B-3, Community Business District, to B-3, Community Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-3, Community Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the 1•uilding laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-3, Community Business District, until all of the conditions set forth below have been complied with: 1) full compliance with Section 64-4.E.3. of the Zoning Ordinance regarding tree and landscaping requirements; 2) Board of Zoning Adjustment Surface Variance approval regarding aggregate surfacing; 3)completion of the subdivision process; and 4) full compliance with all other municipal codes and ordinances.

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

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

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

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


ANNOUNCEMENTS

Councilmember Daves announced a meeting of the City Finance Committee meeting on Tuesday, February 23, 2016, 2:00 p.m., in the City Council conference room.

Councilmember Richardson indicated the Crichton community meeting will be held Thursday, February 18, 2016, 6:00 p.m., at 2900 Springhill Avenue.

Councilmember Richardson stated the community clean-up in Crichton will take place on Saturday, March 5, 2016, from 3:00 – 5:00 p.m., at 266 Mobile Street.

Councilmember Richardson is taking an Amtrak train from New Orleans, Louisiana back to Mobile on Thursday, February 18, 2016. This is an exploratory trip for Amtrak to determine the feasibility of a route between New Orleans, Louisiana and Jacksonville, Florida.

Councilmember Rich thanked the Winnfield Home Owner’s Association for inviting her to their meeting.

Councilmember Rich announced the District Six Residents Council meeting will be held Thursday, February 25, 2016, 6:30 p.m., at 601 Providence Park Drive, East.

Councilmember Rich stated that she is waiting to receive a date from the contractor with Volkert Engineering on the Hillcrest Traffic Management Plan. When the information is received, the next district six meeting will be announced.

Councilmember Small announced a district three clean-up will be held Saturday, February 27, 2016, 8:00 a.m. at Neighborhood Park.

Councilmember Small will hold a district three meeting on Tuesday, March 15, 2016, 6:00 p.m., at Maryvale Elementary School.

Councilmember Small invited everyone to attend the fourth annual district three Easter egg hunt on Saturday, March 26, 2016, 3:00 p.m., at Maryvale Elementary School.

Councilmember Small commented on the much anticipated re-surfacing projects taking place along Ann and Baltimore Streets in the Oakdale community.

Councilmember Williams expressed his excitement in upcoming capital improvement projects and noted there are certain things the City Council is restricted from by law.

Councilmember Williams also encouraged people to contact the Parks and Recreation Department or a specific park to volunteer to coach sports teams around the city since the need is so great.

Councilmember Gregory pointed out today’s adoption of re-allocating $2,940,000.00 to be used for city wide drainage repairs needed from recent heavy rains. Ms. Gregory thanked the administration for doing this work now.

Councilmember Gregory announced the district seven spring community meeting will be held Tuesday, March 29, 2016, 6:00 p.m. at Mobile Botanical Gardens. Police Chief Barber and Executive Director of Planning and Development Diane Irby have been invited to attend.

Councilmember Gregory stated that the Amtrak train will be stopping in Mobile; at the old CSX location, around 1:25 p.m. The Azalea Trail Maids and the Excelsior Band will be there to welcome the train.

Councilmember Gregory reported that the Trinity Gardens Heritage Parade was a huge success with 53,000 people attending.

The Presiding Officer adjourned the meeting at approximately 11:47 a.m.

Approved: February 23, 2016


_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK




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