Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


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The City Council meets every Tuesday


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

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


Council minutes for Mar 29, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, MARCH 29, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, March 29, 2016, at 9:00 a.m.

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

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, MARCH 29, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, March 29, 2016, at 10:30 a.m., in regular meeting.

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

Pastor Rhonda Toney, RT Ministries, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

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 March 22, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson read a proclamation declaring April, 2016 as Sarcoidosis Awareness Month in the City. Mrs. Jenny Irby accepted the proclamation.

Police Chief Barber recognized Officers John Hall and Stephen McCadden as “Officers of the Month” for January and February.

Mayor Stimpson stated that the agreement, resolution 01-207, with Hawksley Consulting, Inc. will provide website support services for citizens and neighborhood groups to access information about the current status of capital improvement projects.

Mayor Stimpson reported on Friday, he had a friendly competition with Harlem Globetrotters star Zeus McClurkin in the Government Plaza atrium.

Councilmember Gregory and Mayor Stimpson presented Mrs. Mary Zoghby with a proclamation in honor of her retirement as Executive Director of the Boys and Girls Club of South Alabama, along with her long service in government and to the community. Tuesday, March 29, 2016 was proclaimed as Mrs. Mary Zoghby day in Mobile.

Councilmember Gregory briefly excused herself from the meeting.

Councilmember Richardson made a motion to move ordinance 64-013 to the end of the agenda, which motion was seconded by Councilmember Manzie and the vote was as follows:

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

ADOPTION OF THE AGENDA:

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

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

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

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

APPEALS:

The Council considered the request of Kimberly Bruton for a waiver of the Noise Ordinance at 66 South Fulton Street on May 28, 2016 from 6:00 p.m. – 10:00 p.m. (District 1).

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

Ayes: Richardson, Manzie, Williams, Small, Rich and Daves
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 1028-A NEWMAN LANE 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 1028-A Newman Lane is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

Mary Moorer, 632 Wiley Lane, spoke in opposition of demolition.

Councilmember Gregory returned to the meeting.

Following comments from Councilmembers Manzie and Richardson, 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 1028-B NEWMAN LANE 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 1028-B Newman Lane 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 1028-C NEWMAN LANE 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 1028-C Newman Lane 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 1032-A NEWMAN LANE 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 1032-A Newman Lane 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 1032-C NEWMAN LANE 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 1032-C Newman Lane 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 1109 EDWARDS 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 1109 Edwards 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 1111 EDWARDS 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 1111 Edwards 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 1113 EDWARDS 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 1113 Edwards 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 1115 EDWARDS 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 1115 Edwards 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:

AGENDA ITEMS:

The following spoke in favor of ordinance 64-013:

1. Lance Covan, 101 Lewellyn Court
2. Casey Pipes, 2255 Ashland Place
3. Liz Freeman, 220 Rochester Road
4. Judith Adams, 5009 Brookfield Drive
5. Raymond Bell, 953 Dauphin Street
6. Jarrod White, 63 South Royal Street

The following spoke in opposition of ordinance 64-018:

1. Harold Bolton, 310 West Street
2. Marie Dyson, 203 South Dearborn Street
3. Glen Coffee, Coden, Alabama
4. John Klotz, 959 Dauphin Street
5. Casi Calloway, 17 North Reed Avenue
6. Barbara Caddell, 1321 Dauphin Street
7. Timothy Hollis, 1924 Seale Street

Richard Olsen, Deputy Director of Planning and Zoning, spoke at the request of Mayor Stimpson regarding the proposed amendment and answered questions from Councilmembers Williams, Daves and Richardson. Council Attorney Jim Rossler answered further questions from Councilmembers.

Richard Olsen deferred further questions to Planning Commission Attorney Doug Anderson.

Councilmember Gregory called for a recess at 12:27 p.m. and reconvened at 12:53 p.m.

NON-AGENDA ITEMS:

Hillary Anaya, 169 Morgan Avenue, invited the Council to attend the Mobile Arts Council’s “Creatives and Cocktails” event Thursday, April 7, 2016, 5:30 p.m. until 7:00 p.m.

RESOLUTIONS HELD OVER:

AUTHORIZE CONTRACT WITH JAMES H. ADAMS & SON CONSTRUCTION, INC. FOR 2016 DRAINAGE IMPROVEMENTS AND REPAIRS-GROUP A, $1,086,714.00 (COM PROJECT NO. 2016-202-10) (2016 CIP D4, #199; D4, #201; D6, #316; AND D7, #358). The following resolution which was introduced and read at the regular meeting of Tuesday, March 22, 2016, and held over until the regular meeting of Tuesday, March 29, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-188-2016

Sponsored by: Councilmember 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: James H. Adams & Son Construction Co., Inc.

Project name: 2016 Drainage Improvements and Repairs - Group A;
COM Project No. 2016-202-10

Estimated Cost: $1,086,714.00

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

Ayes: Richardson, Manzie, Williams, Small, 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 WHITE & SMITH, LLC FOR CONSULTATION SERVICES IN THE AREAS OF GENERAL LAND USE PLAN, MAJOR STREET PLAN, ZONING ORDINANCE AND SUBDIVISION REGULATIONS, $599,968.00 (CITY-WIDE) (CO0007). The following resolution which was introduced and read at the regular meeting of Tuesday, March 22, 2016, and held over until the regular meeting of Tuesday, March 29, 2016, was called up by the Presiding Officer.

RESOLUTION: 01-189-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Agreement between White & Smith, LLC, and the City of Mobile, Alabama, for consultation services in the areas of General Land Use Plan, Major Street Plan, Zoning Ordinance, and Subdivision Regulations, 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 Rich moved that the resolution be adopted, which was seconded by Councilmember Small, following comments from Councilmembers Rich and Williams the vote was as follows:

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

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

AUTHORIZE A CONSTRUCTION AGREEMENT WITH THE ALABAMA DEPARTMENT OF TRANSPORTATION FOR ZEIGLER BOULEVARD FROM ATHEY ROAD TO FORREST HILL DRIVE, $72,000.00 (D7; COM PROJECT NO. 2007-202-02; CO053). The following resolution which was introduced and read at the regular meeting of Tuesday, March 22, 2016, and held over until the regular meeting of Tuesday, March 29, 2016, was called up by the Presiding Officer.

RESOLUTION: 01-190-2016

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 construction agreement, by and between the City of Mobile and 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: Zeigler Boulevard from Athey Road to Forrest Hill Drive
Mobile County DBMB-STPMB-7550(600)/
COM Project 2007-202-02 Construction Agreement

Estimated City funds: $72,000.00

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

Ayes: Richardson, Manzie, Williams, Small, 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 TRANSFER OF $250,000.00 FROM GENERAL LEDGER ACCOUNT #1004.3000.4220, PLANNING & DEVELOPMENT PROFESSIONAL & TECHNICAL TO CAPITAL PROJECT #CO0007, CITY’S SHARE-ECONOMIC DEVELOPMENTS IN THE CAPITAL IMPROVEMENT FUND 2000. The following resolution which was introduced and read at the regular meeting of Tuesday, March 22, 2016, and held over until the regular meeting of Tuesday, March 29, 2016, was called up by the Presiding Officer.

RESOLUTION: 09-191-2016

Sponsored by: Councilmember Gregory & Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $250,000.00 be re-allocated from General Fund 1004.3000.42200 Planning and Development. Professional and Technical Expenditures; to Capital Project #C0007 City's Share-Economic Development in the Capital Improvement Fund (Fund 2000). These funds will be used for a new Zoning Contract.

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

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

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

AUTHORIZE PERFORMANCE CONTRACT WITH THE MOBILE AREA CHAMBER OF COMMERCE FOUNDATION, INC. TO SERVE AS AN ENTREPRENEURSHIP CENTER WITH BUSINESS INCUBATION AND ACCELERATION SERVICES, $50,000.00 (CITY-WIDE; #10042500 4220). The following resolution which was introduced and read at the regular meeting of Tuesday, March 22, 2016, and held over until the regular meeting of Tuesday, March 29, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-192-2016

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 attest, respectively, for and on behalf of the City of Mobile, a Performance Contract between the City of Mobile, and Mobile Area Chamber of Commerce Foundation, Inc., for Innovation PortAL 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 Small, and the vote was as follows:

Ayes: Richardson, Manzie, Williams, Small, 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 37-195 through 37-197, 40-198 through 40-206, 03-213 and 03-214. The motion was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Williams, Rich, Small, Daves, 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 SPECIAL EVENTS RETAIL LICENSE FOR 2016 FUEGO CINCO DE MAYO (MAY 5, 2016), 2066 OLD SHELL ROAD (PARKING LOT). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 37-195-2016

Sponsored by: Councilmember Richardson

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

Type of application: Special Events Retail License

Submitted by: Nightwing Restaurants, LLC

Location: 2016 Fuego Cinco De Mayo (May 5, 2016)
2066 Old Shell Road (parking lot)
Mobile, AL 36607

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

Ayes: Richardson, Manzie, Williams, Small, Rich, Daves, 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 SPECIAL EVENTS RETAIL LICENSE FOR 2016 AZTECAS CINCO DE MAYO (MAY 4-10, 2016), 5452 HIGHWAY 90 WEST (PARKING LOT). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 37-196-2016

Sponsored by: Councilmember Williams

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

Type of application: Special Events Retail License

Submitted by: Yucateco, Inc.

Location: 2016 Aztecas Cinco De Mayo (May 5, 2016)
5452 Highway 90 West (parking lot)
Mobile, AL 36619

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

Ayes: Richardson, Manzie, Williams, Small, Rich, Daves, 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 SPECIAL EVENTS RETAIL LICENSE FOR 2016 HACIENDA SAN MIGUEL CINCO DE MAYO (MAY 4-10, 2016), 880 SCHILLINGER ROAD SOUTH (PARKING LOT). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 37-197-2016

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: Special Events Retail License

Submitted by: RFA Mexican Restaurants, Inc.

Location: 2016 Hacienda San Miguel Cinco De Mayo
(May 5, 2016)
880 Schillinger Road South (parking lot)
Mobile, AL 36695

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, Williams, Small, Rich, Daves, 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 1028-A NEWMAN LANE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-198-2016

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1028-A Newman Lane 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 1028-A Newman Lane described as:

LOTS 54 & 55 BATTOTTI PL DBK 93/428 DDT DBK 396/102 04-01-46 #SEC 44 T3S R1W #MP22 08 44 0 019

Parcel # 022208440019122.

Assessed to: Deanthony and Yasmine McSwain
4141 NW 26th Street, #226
Ft. Lauderdale, FL 33313

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and t 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, an 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 Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Williams, Small, Rich, Daves, 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 1028-B NEWMAN LANE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-199-2016

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1028-B Newman Lane 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 1028-B Newman Lane described as:

LOTS 54 & 55 BATTOTTI PL DBK 93/428 DDT DBK 396/102 04-01-46 #SEC 44 T3S R1W #MP22 08 44 0 019

Parcel # 022208440019122.

Last assessed to: Deanthony and Yasmine McSwain
4141 NW 26th Street, #226
Ft. Lauderdale, FL 33313

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and t 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, an 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 Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Williams, Small, Rich, Daves, 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 1028-C NEWMAN LANE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-200-2016

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1028-C Newman Lane 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 1028-C Newman Lane described as:

LOTS 54 & 55 BATTOTTI PL DBK 93/428 DDT DBK 396/102 04-01-46 #SEC 44 T3S R1W #MP22 08 44 0 019

Parcel # 022208440019122.

Last assessed to: Deanthony and Yasmine McSwain
4141 NW 26th Street, #226
Ft. Lauderdale, FL 33313

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and t 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, an 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 Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Williams, Small, Rich, Daves, 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 1032-A NEWMAN LANE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-201-2016

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1032-A Newman Lane 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 1032-A Newman Lane described as:

LOTS 54 & 55 BATTOTTI PL DBK 93/428 DDT DBK 396/102 04-01-46 #SEC 44 T3S R1W #MP22 08 4 0 019

Parcel # 022208440019122.

Last Assessed to: Deanthony and Yasmine McSwain
4141 NW 26th Street, #226
Ft. Lauderdale, FL 33313

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 certified mail to the interested persons listed above, and a certified copy of this be published in the manner and as prescribed for the publication of municipal ordinances, an 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 Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Williams, Small, Rich, Daves, 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 1032-C NEWMAN LANE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-202-2016

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1032-C Newman Lane 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 1032-C Newman Lane described as:

LOTS 54 & 55 BATTOTTI PL DBK 93/428 DDT DBK 396/102 04-01-46 #SEC 44 T3S R1W #MP22 08 4 0 019

Parcel # 022208440019122.

Last Assessed to: Deanthony and Yasmine McSwain
4141 NW 26th Street, #226
Ft. Lauderdale, FL 33313

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 certified mail to the interested persons listed above, and a certified copy of this be published in the manner and as prescribed for the publication of municipal ordinances, an 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 Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Williams, Small, Rich, Daves, 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 1109 EDWARDS STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-203-2016

Sponsored by: Councilmember Manzie

WHEREAS under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1109 Edwards 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 1109 Edwards Street described as:

THAT PART LOT 6 OSG & E DIV ST LOUIS TRT DBK 7/500 DESCRIBED AS FOLLOWS: BEG AT NW CORNER LOT 2 BLK 4 WOODS EST MBK 3/47 RUN THENCE NWLY 210 FT S THENCE FT SWLY 97.5 FT S TH SELY 210 97.5 FT S TO

Parcel #: 022208440019268.

Last assessed to: Ida Hines and Mariana Farris
405 South Sage Avenue
Mobile, AL 36633

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 certified mail to the interested persons listed above, and a certified copy of this shaII be published in the manner and as prescribed for the publication of municipal ordinances a certified copy of this resolution shall also be filed in the Office of the Judge of Probate, 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 Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Williams, Small, Rich, Daves, 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 1111 EDWARDS STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-204-2016

Sponsored by: Councilmember Manzie

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 1111 Edwards Street described as:

THAT PART LO 2 BLK 6 OSG & E DIV ST LOUIS TRT DBK 7/500 DESC AS FOLL: BEG AT NW COR LOT 2 BLK 4 WOODS EST MBK 3/47 RUN TH NWLY 210 FT S TH SWLY 97.5 FT S TH SELY 210 97.5 FT S TO

Parcel # 022208440019268.

Last Assessed to: Ida Hines and Mariana Farris
405 South Sage Avenue
Mobile, AL 36633

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 Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Williams, Small, Rich, Daves, 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 1113 EDWARDS STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-205-2016

Sponsored by: Councilmember Manzie

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 1113 Edwards Street described as:

THAT PART LOT 6 OSG & E DIV ST LOUIS TRT DBK 7/500 DESC AS FOLL: BEG AT NW COR WOODS EST MBK 3/47 RUN TH NWLY 210 FT S TH SWLY 97.5 FT S TH SELY 210 97.5 FT S TO

Parcel No.: 022208440019268.

Las Assessed to: Ida Hines and Mariana Farris
405 South Sage Avenue
Mobile, AL 36633

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 said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by certified mail to the interested persons listed above, and a certified copy of this be published in the manner and as prescribed for the publication of municipal ordinances, an. 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 Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Williams, Small, Rich, Daves, 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 1115 EDWARDS STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-206-2016

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1115 Edwards 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 1115 Edwards Street described as:

THAT PART OF LOT 6 OSG & E DIV ST LOUIS TRT DBK 7/500 DESC AS FOLL: BEG AT NW COR LOT 2 BLK 4 WOODS EST MBK 3/47 RUN TH NWLY 210 FT S TH EWLY 97.5 FT 5 TH SELY 210 FT S TH NEL 97.5 FT S TO

Parcel # 022208440019268.

Last assessed to Ida Hines and Mariana Farris
405 South Sage Avenue
Mobile, AL 36633

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 shalI 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 Richardson, and the vote was as follows:

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

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

APPOINT MEMEBERS TO THE BOARD OF DIRECTORS OF THE ALABAMA SPECIAL CARE FACILITIES FINANCING AUTHORITY OF MOBILE-JOSEPH M. COURTNEY, JR., T. GREGORY NONNENMACHER, JR. AND DERRICK P. WILLIAMS. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 03-213-2016

Sponsored by: Councilmember Rich

WHEREAS, the City Council (the “Council”) of the City of Mobile, Alabama, (the “City”) as the governing body of the City, has heretofore approved the formation of the Alabama Special Care Facilities Financing Authority (the "Authority"), in accordance with Chapter 62 of Title 11 of the Code of Alabama 1975), as amended (the "Act"); and

WHEREAS, the property and business of the Authority shall be managed by its Board of Directors (the "Board"), consisting of three members who shall be elected by the Council in the manner and for terms of office provided by law; and

WHEREAS, the Council now desires to elect the following persons to the Authority's Board, each of whom is a resident of and an owner of real property in the City of Mobile, each of whom is a duly qualified elector in the City, and none of whom is an officer of the City:

Joseph M. Courtney, Jr.

T. Gregory Nonnenmacher, Jr.

Derrick P. Williams

NOW, THEREFORE, be it resolved by the Council, as follows:

1 That Joseph M. Courtney, Jr. is hereby elected by the Council as a member of the Authority's Board of Directors. The term of Joseph M. Courtney, Jr. shall begin on March ____, 2016 and shall end at noon on second Monday in November 2021.

2 That T. Gregory Nonnenmacher, Jr. is hereby elected by the Council as a member of the Authority's Board of Directors. The term of T. Gregory Nonnenmacher, Jr. shall begin on March ____, 2016 and shall end at noon on the second Monday in November 2019.

3 That Derrick P. Williams is hereby elected by the Council as a member of the Authority's Board of Directors. The term of Derrick P. Williams shall begin on March ____, 2016 and shall end at noon on the second and Monday in November 2017.

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, Williams, Small, Rich, Daves, and Gregory
Nays: None

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

APPOINT WADE WRIGHT TO THE PUBLIC TRANSIT AUTHORITY COMMITTEE. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 03-214-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Wade Wright is appointed to the Public Transit Advisory Committee effectively immediately for a term ending October 31, 2017.

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, Williams, Small, Rich, Daves, and Gregory
Nays: None

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

CIP RESOLUTIONS BEING INTRODUCED:

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolution 01-207. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

AUTHORIZE A CONSULTING SREVICES AGREEMENT WITH HAWKSLEY CONSULTING, INC. TO PROVIDE CIP WEBSITE SUPPORT SERVICES, $49,940.00 (CIP #E0010; CITY-WIDE). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 01-207-2016

Sponsored by: Councilmembers Daves and 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 attest, respectively, for and on behalf of the City of Mobile, the Consulting Agreement between the City of Mobile and Hawksley Consulting, Inc., to provide Capital Improvement Program (CIP) Website Support Services to the City of Mobile, including initial website setup, one year of hosting and technical support, and startup coordination of dates and content roles and responsibilities, 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 Rich moved that the resolution be adopted, which was seconded by Councilmember Williams, and the vote was as follows:

Ayes: Richardson, Manzie, Williams, Small, Rich, Daves, 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 A FRANCHISE AGREEMENT WITH MEDIACOM SOUTHEAST, LLC TO REPLACE THE FRANCHISE AGREEMENT WHICH EXPIRED ON NOVEMBER 9, 2014 (CITY-WIDE). The following resolution was held over for one (1) week until the regular meeting of Tuesday, April 5, 2016.

RESOLUTION: 01-208-2016

Sponsored by: Councilmember Williams 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 Franchise Agreement between City of Mobile and Mediacom Southeast LLC, ("Mediacom") to replace the Franchise Agreement for the construction and operation of a cable system between the City and Mediacom which expired on November 9, 2014, 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.

AUTHORIZE CONTRACT AMENDMENT WITH ECS CONSULTING ENGINEERS, INC. FOR 2015 MISCELLANEOUS CITY WIDE DRAINAGE REPAIRS (PIPELINING AND PIPE REPAIRS), $33,930.28 INCREASE (CO188) (CITY-WIDE). The following resolution was held over for one (1) week until the regular meeting of Tuesday, April 5, 2016.

RESOLUTION: 21-209-2016

Sponsored by: Councilmembers Richardson, Williams, Daves
And Gregory and Mayor Stimpson

WHEREAS, the City entered into a contract dated November 25, 2014, with ECS Consultants Engineers, Inc., for engineering services on the project known as 2015 Miscellaneous City Wide Drainage Repairs (Pipelining & Pipe Repairs); COM Project No.
2015-2 2-08.

WHEREAS, at the time the contract was executed, construction costs were estimated to be $845,000. Fees for engineering services are based on percentages of the total project cost; fee percentages for contracts between $750,000 and $1,000,000 are 6.2% for the design stage and 5.0 for the construction stage. Engineering fees were estimated to be $101,300.00, based on the estimated construction cost.

WHEREAS, the actual construction cost amount for project sites addressed under this contract totaled $1,176,022.24. Engineering fees (design and construction) shall be adjusted to properly compensate ECS Consultants Engineers, Inc., in accordance with the standard fee schedule used in City of Mobile Professional Services Contracts. The professional engineering fees will be increased by $33,930.28, to a total of $135,230.28.

WHEREAS, the contract provides on Page 13(V., A., 1., f.) the "Total fees (design and construction phases) to be paid the ENGINEER shall not exceed $101,300.00, unless authorized by the CITY".

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the COUNCIL does hereby authorize the additional fee of $33,930 28, for a total of $135,230.28, to be paid to ECS Consultants Engineers, Inc., for engineering services associated with 2015 Miscellaneous City Wide Drainage Repairs (Pipelining & Pipe Repairs); COM Project No. 2015-202-08.

AUTHORIZE CONTRACT WITH DELL CONSULTING, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS SECURITY DESIGN, $13,000.00 (D2; CT-017-16) (CO259). The following resolution was held over for one (1) week until the regular meeting of Tuesday, April 5, 2016.

RESOLUTION: 21-210-2016

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: Dell Consulting, LLC

Project name: City of Mobile, Alabama Cruise Terminal
Improvements Security Design

Project number: CT-017-16

Amount: $13,000.00

AUTHORIZE CONTRACT WITH THE BARTER & ASSOCIATES, INC., FOR CRUISE TERMINAL IMPROVEMENTS-PARKING DECK REPAIRS, $21,000.00 (D2; CT-017-16; CO259. The following resolution was held over for one (1) week until the regular meeting of Tuesday, April 5, 2016.

RESOLUTION: 21-211-2016

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: Barter & Associates, Inc.

Project name: City of Mobile, Alabama Cruise Terminal Improvements
Parking Deck Repairs

Project number. CT-017-16

Amount: $21,000.00

RESOLUTION TO APPROVE EXPENDITURES OF PUBLIC FUNDS BY TIF BOARD FOR PROPOSED PROJECT KNOWN AS “MERIDIAN AT THE PORT”. The following resolution was held over for one (1) week until the regular meeting of Tuesday, April 5, 2016.

RESOLUTION: 01-215-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson





RESOLUTION TO APPROVE SERVICE REDUCTIONS RECOMMENDED FOR THE WAVE TRANSIT SYSTEM. The following resolution was held over for one (1) week until the regular meeting of Tuesday, April 5, 2016.

RESOLUTION: 60-216-2016

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City Council hereby approves service reductions recommended for the WAVE Transit System. A copy of said recommendations are on file in the office of the City Clerk.

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 3901 COTTAGE HILL ROAD (SOUTH SIDE OF COTTAGE HILL ROAD, 25’ ± WEST OF HAWTHORNE DRIVE) FROM R-1 TO B-1. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 41-212-2016

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 26th day of April, 2016, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted
on the 29 day of March, 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 or in favor of such amendment.

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 20, 19 AND PART OF LOT 18, BLOCK 3, BAYVIEW HEIGHTS, AS RECORDED IN MAPBOOK 4, PAGE 135-137 IN THE PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA. BEING DESCRIBED AS FOLLOWS, BEGINNING AT THE NORTHEAST CORNER OF LOT 20, BLOCK 3 BAYVIEW HEIGHTS, MAPBOOK 41, PAGES 135-137 OF THE PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; RUN THENCE SOUTH 00° 08’ 25” EAST A DISTANCE OF 188.87’ FEET TO A POINT; THENCE RUN SOUTH 87° 57’ 53” WEST A DISTANCE OF 170.58 FEET TO A POINT BEING THE NORTHWEST CORNER OF LOT 6 BLOCK 3, BAYVIEW HEIGHTS; THENCE RUN NORTH 00° 00” EAST A DISTANCE OF 77.07 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF COTTAGE HILL ROAD; THENCE RUN NORTH 56° 30’ 17” EAST ALONG SAID SOUTH RIGHT OF WAY A DISTANCE OF 121.94 FEET TO A POINT; THENCE RUN NORTH 53° 29’ 52” EAST ALONG SAID SOUTH RIGHT OF WAY A DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING.

The classification of said property is hereby changed from R-1, Single-Family Residential District, to B-1, Buffer 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-1, Buffer Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-1, Buffer Business District, until all of the conditions set forth below have been complied with: 1) completion of the Subdivision process; 2) use of the site is limited to offices only, as per the submitted Voluntary Conditions and Use Restrictions; and 3) subject to full compliance with all municipal codes and ordinances, including the appropriate permitting of all proposed work.

Section two: This ordinance shall be in full force and effect from and after its adoption and publication.

Councilmember Rich then moved to call for the public hearing, which move was seconded by Councilmember Gregory, and the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer set the date for the public hearing as Tuesday, April 26, 2016.

CALL FOR PUBLIC HEARING TO CONSIDER SERVICE REDUCTIONS RECOMMENDED FOR THE WAVE TRANSIT SYSTEM. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 41-217-2016

The vote was then announced whereupon the Presiding Officer set the date for the public hearing as Friday, April 12, 2016.

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

NOTICE OF HEARING

Notice is hereby given that the City Council of Mobile proposes to consider service reductions recommended for the WAVE Transit System. This hearing will take place in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 12th day of April, 2016, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of these recommendations.

A copy of said recommendations are available in the City Clerk’s Office.

Councilmember Rich then moved to call for the public hearing, which move was seconded by Councilmember Gregory, and the vote was as follows:

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

ORDINANCES HELD OVER:

AMENDMENT TO THE ZONING ORDINANCE TO PROVIDE SUPPLEMENTARY REGULATION OF THE LOCATION AND CONSTRUCTION OF NEW ABOVE GROUND OIL STORAGE TANKS. The following resolution which was introduced and read at the regular meeting of Tuesday, March 22, 2015, was laid over for one (1) week until the regular meeting of Tuesday, March 29, 2015 was called up by the Presiding Officer.

ORDINANCE: 64-013-2016

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA THAT CHAPTER 64 OF THE MOBILE CITY CODE, "ZONING," IS HEREBY AMENDED AS FOLLOWS:

Section 1. Section 64-4 "Supplementary Regulations" of the Mobile City Code, as amended, is hereby amended by the addition of Section 64-4.K. reading in its entirety as follows:

K. Regulations Applicable to the Location and Construction of Above Ground Tanks.

1. Purpose. These regulations shall provide procedures applicable to the location and construction of new above ground oil storage tanks on and after the effective date of the amendment adopting these regulations, in addition to the requirements otherwise applicable under other provisions of the Mobile City Code to such tanks. In the event of any conflict or inconsistency between the requirements of this Subsection K. and the other requirements of the provisions of the Mobile City Code, the requirements of this Subsection K. shall be controlling and shall govern.

2. Definitions. As used in this Section 64-4K., the following terms shall have the following meanings:

a. Enhanced Scrutiny Area (ESA): (A) All properties located within an I-2 district and lying north of Bay Bridge Road and New Bay Bridge Road; (B) all properties located within an 1-2 district and lying south of Bay Bridge and New Bay Bridge Road, west of the Mobile River and Mobile Bay, east of a line extending southerly along St. Stephens Road to Broad Street to Interstate 10 to Michigan Avenue, and north of Avenue C as extended to Mobile Bay;

b. Oil: petroleum or petroleum product whose storage is regulated under National Fire Protection Association ("NEPA") 30;

c. Tank: An above-ground Oil storage tank having a capacity of 10,000 gallons or more to be located in an I-2 district;

d. Site: All immediately contiguous land under common ownership or control located in an 1-2 district being utilized in whole or in part on the effective date of the amendment adding this Subsection K for the purpose of the operation of one or more above ground Oil storage tanks having a capacity of 25,000 gallons or more.

e. Classification: The system used in section 4.3 of NFPA 30 for classifying liquids.
3. Notice Procedures for Planning Approval Applications. Each application for planning approval with respect to a Tank shall be subject to the following notice procedure requirements:

a. Each application for planning approval of a tank, including all attachments to the application, shall be posted on the City's website at least thirty (30) days prior to the initial hearing on the application scheduled by the Planning Commission.

b. Notice of the filing of an application for planning approval of a tank advising of the time and date of the initial hearing on the application scheduled by the Planning Commission shall be deposited by the City Planning Department in the U.S. Mail, first class postage prepaid, not less than thirty (30) days prior to the date of the initial hearing addressed to all owners of assessed property located within three thousand (3000) feet of the property line of the proposed site as shown on the current ad valorem tax assessment records of Mobile County. The documented costs of such notice shall be paid by the applicant upon submission of the invoice of the City Planning Department.

c. Notice of the filing of an application for planning approval of a tank advising of the time and date of the initial hearing on the application scheduled by the Planning Commission shall be published by the City Planning Department in a newspaper of general circulation in the City of Mobile once a week for two consecutive weeks prior to the scheduled date of the initial hearing. The first such publication shall be not less than thirty (30) days prior to the scheduled date of the initial hearing and the second such publication shall be not less than eight (8) days prior to the scheduled date of the initial hearing. The notice shall contain both a diagram of the proposed tank site location and directions to the entire application posted on the City's website. The documented costs of such notice shall be paid by the applicant upon submission of the invoice of the City Planning Department.

4. Required Content Of Application For Planning Approval And Application Fee:

a. Applications for Tanks to Be Located In ESA. Each application for planning approval for a tank to be located in the ESA shall include:

(I) A list of all permits and approvals required to complete the installation of the tank and the status of each such permit and approval at the time the application is filed;

(II) A description of the type, maximum amount, and NFPA classification of the oil to be stored;

(III) A description of the method or methods by which the oil will be transported to the tank site and the anticipated frequency of such transportation;

(IV) A description of all other materials being stored in bulk on the same site as the proposed tank.

(V) A detailed site plan, drawn to a standard engineering scale, illustrating the location of any and all improvements on the site, including but not limited to: existing and proposed tanks, existing and proposed structures, existing and proposed access drives and circulation drives; existing and proposed piers, docks, or other mooring facilities; existing and proposed berms, dams, or any other containment devices or methods; and dimensions of the site, dimensions and capacity of each tank, dimensions from property line to tank(s) from containment to tank, from tank to tank, and dimensions of access and circulation drives.

b. Description of any Applicable Vapor, Emissions, or Odor Regulations. If the proposed tank is subject to federal or state best management practices regulations with respect to vapor, emissions, and/or odor control, the application for planning approval shall include a statement as to the relevant regulatory authority or authorities and a summary of any equipment and technology being implemented to comply with such regulatory requirements.

c. Tank Planning Approval Application Fee. The application fee for planning approval of a tank shall be $1500.00


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