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 Apr 26, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, APRIL 26, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, April 26, 2016, at 9:00 a.m.

Present:
Chairman: Gregory
Councilmembers: Richardson, Manzie, Small, Rich, Williams and Daves
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, APRIL 26, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, April 26, 2016, at 10:30 a.m., in regular meeting.

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

Reverend Bradley Goode, Associate Pastor, Dauphin Way United Methodist Church, 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: 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 April 19, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Chief of Staff Colby Cooper conveyed no comments from the administration because Mayor Stimpson is in Washington D.C.

ADOPTION OF THE AGENDA:

Councilmember Richardson moved for the adoption of the agenda, which motion 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 agenda adopted.

APPEALS:

1.) The Council considered the request of Ashley Sylvester for a waiver of the Noise Ordinance at 2359 Vermillion Drive on May 7, 2016, from 4:00 p.m. – 10:00 p.m. (District 3).

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

2.) The Council considered the request of Leon Simms for a waiver of the Noise Ordinance at 1831 Riverside Drive on June 11, 2016, from 2:00 p.m. – 10:00 p.m. (District 3).

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

3.) The Council considered the request of Leon Simms for a waiver of the Noise Ordinance at 1831 Riverside Drive on June 25, 2016, from 2:00 p.m. – 10:00 p.m. (District 3).

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

PUBLIC HEARINGS:

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 Presiding Officer announced that today was the day for the public hearing to rezone property located at 3901 Cottage Hill Road and asked if there was anyone present to speak for or against this matter.

Bernadette Jenkins and Wanda Peterson, New Life Housing, addressed the Council stating their desire to restore the property at 3901 Cottage Hill Road in order to operate a business that will aid people in becoming home owners.

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

PUBLIC HEARING TO CONSIDER THE APPLICATION OF VINCE A. MCCARROLL AND ANTOINETTE A. MCCARROLL D/B/A AFFORDABLE HOME CARE, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A SHUTTLE SERVICE.

Ms. Antoinette A. McCarroll stated that her business has thirty (30) employees and serves the elderly and disabled.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

NON-AGENDA ITEMS:

(1) Executive Director Danny Corte, Mobile Sports Authority, Inc., 301 Government Street, gave the Council a mid-year update on the Mobile Sports Authority, Inc.

(2) Councilmember Gregory read a Certificate of Recognition in honor of “National Walk at Lunch Day.” Blue Cross Blue Shield of Alabama District Manager Clay Walden accepted the certificate.

(3) Herb Wagner, 732 Jemison Street, voiced his opposition to the oil storage tank ordinance.

(4) Eric Williams, 2409 East Road, had questions for the Council concerning issues he is having in obtaining a building permit. Councilmember Gregory deferred the issue to Bert Hoffman of Planning and Zoning. Mr. Hoffman indicated that he will work with Mr. Williams.

(5) CEO Tim Wells, Boys and Girls Clubs of South Alabama, introduced himself to the Council and offered his appreciation for the support of the Council.

(6) Rosalind Malone, 1801 Holt Road, and Lula Jones, 1504 Hogan Street, expressed their concern to the Council regarding the S.A.I.L. program at Thomas Sullivan Community Center.

ORDINANCES HELD OVER:

REZONE PROPERTY AT 351 AND 401 WESTERN DRIVE AND 3216 AND 3224 MOFFETT ROAD (NORTH SIDE OF MOFFETT ROAD, 320 ± WEST OF WESTERN DRIVE EXTENDING TO THE WEST SIDE OF WESTERN DRIVE 320 ± NORTH OF MOFFETT ROAD) FROM B-1 TO B-3 AND I-1. The following ordinance which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

Ordinance: 64-019-2016

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 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:

LOTS 1 & 2 RESUBDIVISION OF DELCHAMPS COMMERCIAL SUBVISION

The classification of said property is hereby changed from B-1, Buffer-Business District, to B-3, Community Business District, and I-1, Light-Industry 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 & I-1, 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-3 & I-1, until all of the conditions set forth below have been complied with: 1) completion of the subdivision process; and 2) full compliance with all municipal codes and ordinances.

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

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Gregory, after comments from Councilmember Richardson, 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.

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 ordinance which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

Ordinance: 64-020-2016

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 Mobile, State of Alabama, described as follows to-wit:

BEGINNING AT THE SOUTHERNMOST CORNER OF 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; THENCE NORTH 37°-32'-10" WEST 316.44 FEET TO THE NORTHWEST CORNER OF LOT 1; THENCE SOUTH 68°-53'-13" ST 95.00 FEET TO A CORNER OF LOT 1, REGAL INVESTMENTS SUBDIVISION AS RECORDED IN MAP BOOK 117, PAGE 94 OF THE AFORESAID RECORDS; THENCE NORTH 02°-36' EAST ALONG THE WEST LINE OF LOT 1, REGAL INVESTMENTS SUBDIVISION 395.17 FEET; THENCE SOUTH 87°-24' EAST 225.28 FEET; THENCE SOUTH 02°-36 12.50 FEET; THENCE SOUTH 04°- 40'-59" EAST 270.57 FEET; THENCE SOUTH 24°-45'-58" EAST 254.30 FEET TO THE P.C. OF A 25.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE SOUTH ALONG THE ARC OF SAID CURVE 34.72 FEET TO THE P.T. THEREOF; THENCE SOUTH 54°-48'-38" WEST ALONG THE NORTH LINE OF U. S. HIGHWAY 90 A DISTANCE OF 99.44 FEET TO THE POINT OF BEGINNING.

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 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-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 Richardson moved that the resolution be adopted, which was seconded by Councilmember Gregory, after comments from Councilmember Richardson, the vote was as follows:

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

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

RESOLUTIONS HELD OVER:

AUTHORIZE THE PURCHASE AND SALE AGREEMENT WITH SPRINGHILL AND DAVENPORT, LLC FOR UNDEVELOPED REAL PROPERTY AT THE INTERSECTION OF DAVENPORT AVENUE AND HAAS AVENUE, $190,000.00 (CRICHTON FIRE STATION; D1; C0098). The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 23-262-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED, 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 attached Purchase and Sale Agreement with SPRINGHILL AND DAVENPORT, LLC for the vacant land to be used for a new fire station.

BE IT FURTHER RESOLVED THAT:

The City of Mobile does hereby accept the deed, when prepared, from SPRINGHILL AND DAVENPORT, LLC for said vacant lot.

SAID DEED is by reference made a part of this resolution as fully as if set forth herein and a copy 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.

BE IT FURTHER RESOLVED, THAT: The Real Estate Officer of the City of Mobile is hereby authorized and directed to execute for and in the name of and on behalf of the City of Mobile whatever supporting documents, affidavits, closing statements, or other ancillary forms necessary to complete the transaction and;

The Executive Director of Finance is authorized and directed to issue a check in the amount of $190,000.00 plus associated fees and closing costs, and forward said check to the City of Mobile Real Estate Officer for delivery when the closing date is set.

The resolution was read by the City Clerk; whereupon Councilmember Williams moved that the resolution be adopted, which was seconded by Councilmember Daves.

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

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

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

AUTHORIZE CONTRACT WITH JOHN G. WALTON CONSTRUCTION COMPANY FOR ANN STREET (FROM ARLINGTON STREET TO DOUGLAS STREET) STREET AND DRAINAGE REHABILITATION, PHASE II, $3,471,700.11 (D3; CO280). The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.
RESOLUTION: 21-289-2016

Sponsored by: Councilmember Small 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: John G. Walton Construction Co., Inc.

Project name: Ann Street from Arlington St. to Douglas St.,
Street & Drainage Rehabilitation, Phase II;

COM project no.: 2011-202-09A

Estimated cost: $3,471,700.11

After comments from Councilmember Small the resolution was read by the City Clerk; whereupon Councilmember Small 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 A PROJECT AGREEMENT WITH HUTCHINSON AEROSPACE AND THE MOBILE AIRPORT AUTHORITY FOR INCENTIVE AND DEVELOPMENT COSTS FOR INFRASTRUCTURE OF THE PROJECT SITE AT MOBILE AEROPLEX. The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 01-283-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF MOBILE, ALABAMA (the "CounciI") GOVERNING BODY OF THE CITY OF MOBILE, ALABAMA (the "City") as follows:

Section 1. The City has heretofore, upon evidence duly presented to and considered by it, found and determined, and does hereby find, determine and declare that:

(a) Hutchinson Aerospace and Industry, Inc. (the "Corporation") proposes to locate an aerospace manufacturing facility upon certain properties within the City of Mobile and execute and deliver a multiparty Project Agreement with the City and the Mobile Airport Authority (the "Project Agreement") with respect to the incentives described therein and to offset a portion of the costs of the Project hereinafter referenced, as more particularly described herein (the "Incentive").

(b) The Project Agreement will be executed and delivered by the Corporation to the City and the Mobile Airport Authority. The beneficiary of the Incentive is the Corporation.

(c) Pursuant to Amendment No. 772 to the Constitution of Alabama of 1901, as amended ("Amendment No. 772"), the City has caused the Notice attached hereto as Exhibit A (the "Notice”) to be published on April 8, 2016 in The Press Register with respect to certain actions proposed to be taken, and a certain agreement proposed to be made and delivered, by the Corporation, to provide for the economic development of the City thereby.

(d) There has been prepared for and delivered to the City, and made available for public inspection, the Project Agreement with respect to the transactions described in the Notice and the undertakings by the City in connection therewith.

(e) The expenditure of public funds for the purposes specified in the Notice and the Project Agreement will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities.

(f) It is necessary, desirable, and in the best interests of the taxpayers and citizens of the City for the City to deliver and perform the agreements and undertakings of the City set forth in the Project Agreement.

Section 2. The City does hereby approve, ratify and confirm (i) the form and content of, and the statements set forth in, the Notice and (ii) the publication of the Notice as set forth in Section 1 of this resolution.

The resolution was read by the City Clerk; whereupon Councilmember Small 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 A PROJECT AGREEMENT WITH VT MOBILE AEROSPACE ENGINEERING, INC., MOBILE COUNTY AND THE MOBILE AIRPORT AUTHORITY FOR ROOF REPAIRS TO BUILDING 17 AT THE MOBILE AEROPLEX AT BROOKLEY, UP TO $1,000,000.00. The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 01-284-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA (the "Council"), GOVERNING BODY OF THE CITY OF MOBILE, ALABAMA (the "City") as follows:

Section I. The City has heretofore, upon evidence duly presented to and considered by it, found and determined, and does hereby find, determine and declare that:

(a) VT Mobile Aerospace Engineering, Inc., an Alabama corporation ("VT") leases certain industrial facilities located at the Mobile Aeroplex at Brookley (the "Aeroplex”) from the Mobile Airport Authority ("MAA"). VT employs approximately 1,200 persons in the City and Mobile County (the "County") and makes direct purchases from more than one hundred local vendors on an annual basis. Currently, one of the buildings leased by VT from MAA and referred to as Building 17 ("Building 17") is in need of roof repairs which will require capital improvements and related costs in the amount of $1,700,000 or more.

(b) The City and VT, along with the County and MAA, propose to execute and deliver a Project Agreement (the "Development Agreement") wherein the City, along with the County, will transfer funds to MAA to facilitate the necessary improvements to Building 17 in coder to induce VT to further develop and expand its operations within the City and the County, and to maintain at least the Minimum Jobs Level (as defined in the Development Agreement) at the Aeroplex for the time period set forth in the Development Agreement.

(c) The Development Agreement will be executed and delivered by VT, the City, and the MAA.

(d) Pursuant to Amendment No. 772 to the Constitution of Alabama of 1901, as amended (“Amendment No. 772") the City has caused the Notice attached hereto as Exhibit A (the “Notice”) to be published on April 8, 2016 in The Press-Register with respect to certain actions proposed to be taken, and the Development Agreement proposed to be made and delivered, by the parties, to provide for the economic development of the City thereby. The information set forth in the Notice is true and correct and the publication of the Notice is hereby ratified and confirmed.

(e) The Development Agreement has been made available for public inspection with respect to the transactions described in the Notice and the undertakings by the City in connection therewith.

(f) The expenditure of public funds for the purposes specified in the Notice and the Development Agreement will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities.

(g) The City seeks to achieve, by undertaking its obligations pursuant to the Development Agreement, to promote the local economic and commercial development of the City; to promote expansion and retention of business enterprise within the City; to increase employment in the City; to promote and develop for the public good and welfare trade, commerce, industry, and employment opportunities in the City; to increase the tax and revenue base of the City and property values of the City; and to promote the convenience, order, prosperity and welfare of its citizens. The increased tax revenues, additional economic activity, creation of new jobs and the other benefits will directly benefit the City.

(h) It is necessary, desirable, and in the best interests of the taxpayers and citizens of the City for the City to deliver and perform the agreements and undertakings of the City set forth in the Development Agreement.

Section 2. The City does hereby approve, ratify and confirm (i) the form and content of, and the statements set forth in, the Notice and (ii) the publication of the Notice as set forth in Section 1 of this resolution.

Section 3. The City does hereby approve, adopt, authorize, direct, ratify and confirm the representations, agreements and covenants of the City set forth in, and the transactions to be undertaken by the City pursuant to, the Development Agreement.

Section 4. The Development Agreement is approved in substantially the form and the content attached hereto as Exhibit B.

Section 5. The Development Agreement presented to, considered and adopted by the City Council shall be filed in the permanent records of the City.

Section 6. The Mayor of the City is hereby authorized to execute, acknowledge and deliver on behalf of the City a Development Agreement in substantially the form attached hereto as Exhibit B with any revisions thereto as may be approved by the Mayor of the City, with such execution and delivery to be conclusive proof of the Mayor's approval.

Section 7. The officers of the City, or any one or more of them, are hereby authorized and directed to do and perform or cause to be done or performed in the name and on behalf of the City such other acts, and execute, deliver, file and record such other instruments, documents, certificates, notifications and related documents, all as shall be required by law or necessary or desirable to carry out the provisions and purposes of this Resolution and the Development Agreement.

Section 8. All ordinances, resolutions, orders, or parts thereof in conflict or inconsistent with any provision herein hereby are, to the extent of such conflict or inconsistency, repealed.

This resolution shall take effect immediately.

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

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

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

AUTHORIZE CONTRACT WITH MELVIN PIERCE PAINTING, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS-PAINTING, $111,700.00 (D2; CO259; CT-017-16). The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-285-2016

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: Melvin Pierce Painting, Inc.

Project name: City of Mobile, Alabama Cruise Terminal
Improvements Painting

Project number: CT-017-16

Amount: $111,700.00

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

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

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

AUTHORIZE CONTRACT WITH GSI SERVICES, LLC, TO FURNISH AND INSTALL SECURITY CARD READERS-POLICE DEPARTMENTS-VARIOUS LOCATIONS, $15,427.00 (CITY-WIDE; PD-170-15; GL #10041542-42200). The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-287-2016

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: GSI Services, LLC

Project name: Furnish & Install Security Card Readers
Police Departments - Various Locations

Project number: PD-170-15

Amount: $15,427.00

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

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

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

AUTHORIZE CONTRACT WITH UNITED SITE SERVICES OF MISSISSIPPI, LLC, TO PROVIDE AND SERVICE PORTABLE TOILETS AT VARIOUS CITY OF MOBILE LOCATIONS, $14,886.00 (CITY-WIDE; SC-102-16). The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-288-2016

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: United Site Services of Mississippi, LLC.

Project name: Service Contract-Portable Toilets
Various City of Mobile Locations

Project number SC-102-16

Amount: $14,886.00

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

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

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

AUTHORIZE CONTRACT WITH SIMPLEX GRINNELL, LP FOR FIRE SPRINKLER INSPECTION AND TESTING-VARIOUS CITY OF MOBILE FACILITIES, $25,703.00 (CITY-WIDE; SC-099-16). The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-290-2016

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: Simplex Grinnell, LP

Project name: Fire Sprinkler System Inspection & Testing
Various City of Mobile Facilities

Project number: SC-099-16

Amount: $25,703.00

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

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

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

AUTHORIZE CONTRACT WITH COMPLETE MANAGEMENT GROUP FOR RIGHT-OF-WAY MOWING ON COTTAGE HILL AND HILLCREST ROADS, $27,000.00 PER MOWING SEASON (BUDGET ITEM 10042016.42140). The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-292-2016

Sponsored by: 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 Complete Management Group in the amount of $27,000.00 per Mowing/Cutting season of April 01 through October 31, renewable for up to two (2) additional Mowing/Cutting seasons as outlined in the contract attached hereto and made a part hereof as though set forth in full.

A copy of said contract is on file in the Office of the City Clerk.

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

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

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

AUTHORIZE CONTRACT WITH ALL PHASE PROPERTIES FOR RIGHT-OF-WAY MOWING ON AIRPORT BOULEVARD, DAUPHIN STREET, MICHIGAN AVENUE, AND WATER, CANAL, CLAIBORNE, BEAUREGARD, LAWRENCE, BROAD AND SOUTH CLAIBORNE STREETS, $142,371.00 PER MOWING SEASON (BUDGET ITEM 10042016.42140). The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-293-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and All Phase Properties in the amount of $142,371.00 per Mowing/Cutting season of April 01 through October 31, renewable for up to two (2) additional Mowing/Cutting seasons as outlined in the contract attached hereto and made a part hereof as though set forth in full.

A copy of said contract is on file in the Office of the City Clerk.

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

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

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

AUTHORIZE CONTRACT WITH SECOR ENTERPRISES, INC. FOR RIGHT-OF-WAY MOWING ON UNIVERSITY BOULEVARD AND DEMETROPOLIS ROAD, $79,650.00 PER MOWING SEASON (BUDGET ITEM 10042016.42140). The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-294-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and Secor Enterprises, Inc. in the amount of $79,650.00 per Mowing/Cutting season of April 01 through October 31, renewable for up to two (2) additional Mowing/Cutting seasons as outlined in the contract attached hereto and made a part hereof as though set forth in full.

A copy of said contract is on file in the Office of the City Clerk.

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

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

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

AUTHORIZE CONTRACT WITH CHEMPRO SERVICES FOR HERBICIDE SPRAYING OF BATES FIELD LANDFILL AND DRAINAGE CHANNELS, $96,000.00 PER SPRAYING SEASON (BUDGET ITEM 10042080.42200). The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-295-2016

Sponsored by: 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 ChemPro Services Inc. in the amount of $96,000.00 per Spraying season of April 01 through September 30, renewable for two (2) additional Spraying seasons as outlined in the contract attached hereto and made a part hereof as though set forth in full.

A copy of said contract is on file in the Office of the City Clerk.

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

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

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

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE AN AGREEMENT OF UNDERSTANDING WITH THE DEPARTMENT OF JUSTICE FY2016 PORT SECURITY GRANT PROGRAM (PSGP), $200,000.00 ($50,000.00 LOCAL MATCH). The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 31-268-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the Department of Justice, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $200,000.00 for the FY2016 Port Security Grant Program (PSGP).

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

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

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

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

AUTHORIZE THE MAYOR TO APPLY FOR THE TIGER GRANT TO BE USED TO REBUILD THE INFRASTRUCTURE ALONG THE BROAD AND BEAUREGARD CORRIDORS, $14.4 MILLION ($3.32 MILLION LOCAL MATCH). The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 31-269-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, 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 grant application for assistance in the amount of $14,400,000.00 (or greater) from the "Transportation Generating Economic Recovery" to "TIGER" Discretionary Grant Program, funded by the U.S. Department of Transportation (DOT).

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept if offered, and to sign any agreements or other documents in connection with the grant and to perform any essential functions or provide any information required by the DOT or any federal agency.

BE IT FURTHER RESOLVED that the Mobile City Council commits to provide matching funds in the amount of $3.32 million, if said grant is awarded.

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

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

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

APPROVE THE APPLICATION OF YVETTE D. CLIFTON D/B/A CLIFTON TRANSPORTATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A SHUTTLE SERVICE. The following resolution which was introduced and read at the regular meeting of Tuesday, April 19, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 37-291-2016

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to provisions of Ordinance #59-073, 2005 that the application of Yvette D. Clifton d/b/a Clifton Transportation for a Certificate of Public Convenience and Necessity for a shuttle service is approved. A copy of said application is on file in the office of the City Clerk.

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

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

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

ORDINANCES BEING INTRODUCED:

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 ordinance was held over for one (1) week until the regular meeting of Tuesday, May 3, 2016.

Ordinance: 64-021-2016

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 force and effect from and after its adoption and publication.

CONSENT RESOLUTIONS BEING INTRODUCED:

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Consent Resolutions 03-297, 03-306 and 03-307. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

APPOINT BARBARA M. HORY TO THE MEDICAL CLINIC BOARD OF THE CITY OF MOBILE (SPRINGHILL). The following resolution was introduced by Councilmember Daves.

RESOLUTIOIN: 03-297-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Barbara M. Hory is appointed to the Medical Clinic Board of the City of Mobile (Springhill) effective immediately for a term ending June 29, 2019.

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

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

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

RE-APPOINT RANDALL K. GOULD TO THE LADD-PEEBLES MEMORIAL STADIUM PUBLIC PARK & RECREATION BOARD. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-306-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Randall K. Gould is re-appointed to the Ladd-Peebles Memorial Stadium Public Park & Recreation Board effective immediately for a term ending August 22, 2021.

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

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

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

APPOINT LESLIE GOULA TO THE CITIZENS PARK AND RECREATION ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-307-2016

Sponsored by: Councilmember Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Leslie Goula is appointed to the Citizens Park and Recreation Advisory Committee effective immediately for a term ending November 1, 2017.

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

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

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

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH KINGDOM CARE LAWN SERVICE FOR RIGHT-OF-WAY MOWING IN THE TRINITY GARDENS AREA, $46,700.00 PER MOWING SEASON (BUDGET ITEM 10042016.42140). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 3, 2016.

RESOLUTION: 21-298-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and Kingdom Care Lawn Service in the amount of $46,700.00 per Ditch Mowing/Cutting season of April 01 through November 27, renewable for up to two (2) additional Ditch Mowing/Cutting seasons 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.

AUTHORIZE CONTRACT WITH BEST PRICE SERVICES, LLC, FOR RIGHT-OF-WAY MOWING IN DAUPHIN ISLAND PARKWAY AND CYPRESS SHORES COMMUNITIES, $260,000.00 PER MOWING SEASON (BUDGET ITEM 10042016.42140). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 3, 2016.

RESOLUTION: 21-299-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and Best Price Services, LLC in the amount of $260,000.00 per Ditch Mowing/Cutting season of April 01 through November 27, renewable for up to two (2) additional Ditch Mowing/Cutting seasons 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.

AUTHORIZE CONTRACT WITH BEST PRICE SERVICES, LLC, FOR RIGHT-OF-WAY MOWING ON GOVERNMENT STREET AND DAUPHIN ISLAND PARKWAY, $186,300.00 PER MOWING SEASON (BUDGET ITEM 10042016.42140). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 3, 3016.

RESOLUTION: 21-300-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and Best Price Services LLC in the amount of $186,300.00 per Mowing/Cutting season of April 01 through October 31, renewable for up to two (2) additional Mowing/Cutting seasons 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.

APPROVE THE APPLICATION OF VINCE A. MCCARROLL AND ANTOINETTE A. MCCARROLL D/B/A AFFORDABLE HOME CARE, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A SHUTTLE SERVICE. The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 3, 2016.

RESOLUTION: 37-301-2016

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of Vince A. McCarroll and Antoinette A. McCarroll d/b/a Affordable Home Care, Inc. Clifton Transportation for a Certificate of Public Convenience and Necessity for a shuttle service is hereby approved. A copy of said application is on file in the office of the City Clerk.

AUTHORIZE CONTRACT WITH ERIC’S LAWN CARE, LLC, FOR RIGHT-OF-WAY MOWING ON SPRINGHILL AVENUE, $11,880.00 PER MOWING SEASON (BUDGET ITEM 10042016.42140). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 3, 2016.

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and Eric’s Lawn Care, LLC in the amount of $11,880.00 per Mowing/Cutting season of April 01 through October 31, renewable for up to two (2) additional Mowing/Cutting seasons 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.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO CONSIDER AMENDMENTS AND ADOPTION OF THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE (CHAPTER 28, ARTICLE IV OF THE MOBILE CITY CODE). The following resolution was introduced by Councilmember Small.

RESOLUTION: 41-302-2016

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 that a public hearing will be held 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 development or change in use of property.

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

SECTION ONE: That the City Council of the City of Mobile proposes to consider the adoption of the 2012 Edition of the International Property Maintenance Code along with the amendments to the same contained in a proposed ordinance, as provided by the Code of Alabama, 1975, Title 11, Section 45-8, as amended, and will hold a public hearing thereon at a regular meeting of the City Council of the City of Mobile to be held in the Auditorium of the Mobile Government Plaza located at 205 Government Street, Mobile, Alabama, on the 24th day of May, 2016, at 10:30 a.m. Said Code shall be known as the "Property Maintenance Code of the City of Mobile."

SECTION TWO: That three (3) copies of said "Property Maintenance Code of the City of Mobile" shall be filed in the office of the City Clerk for a period of not less 15 days prior to the public hearing provided in Section One of this resolution by the 9th day of May, 2016, for the use and examination by the public from that date until 10:30 a.m. on the 24th day of May, 2016, as provided by the Code of Alabama, Title 11, Section 45-8, as amended.

SECTION THREE: That the City Clerk of the City of Mobile, Alabama, be, and she hereby is, authorized, empowered, and directed to cause fifteen days' notice to be given of the time, place and purpose of the public hearing provided for in Section One of this resolution by publication of such notice, once a week for two successive weeks in the Mobile Register, a newspaper of general circulation in the City of Mobile, Alabama, which said notice shall be in words and figures as follows:

NOTICE OF PROPOSAL BY THE CITY COUNCIL OF THE CITY OF MOBILE TO ADOPT A PROPERTY MAINTENANCE CODE

Notice is hereby given that the City Council of the City of Mobile proposes to consider the adoption of the 2012 Edition of the International Property Maintenance Code and Appendix A, along with the amendments to the same, by ordinance, and that a public hearing thereon will be held at a regular meeting of the City Council of the City of Mobile to be held in the Auditorium of the Mobile Government Plaza located at 205 Government Street, on the 24th day of May, 2016, at 10:30 a.m., for the consideration of same. Three (3) copies of the said 2012 Edition of the International Property Maintenance Code will be on file in the office of the City Clerk of the City of Mobile, Alabama, by the 9th day of May, 2016, for use and examination by the public from that date until 10:30 a.m. on the 24th day of May, 2016, as provided by the Code of Alabama, 1975, Title 11, Section 45-8, as amended. Said Code shall be known as the "Property Maintenance Code of the City of Mobile."

Councilmember Small then moved to call for the public hearing, which move 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 whereupon the Presiding Officer set the date for the public hearing as Tuesday, May 24, 2016.

PUBLIC HEARING TO REZONE PROPERTY AT 300 NORTH WATER STREET AND 305 DELCHAMPS DRIVE (SOUTHEAST CORNER OF ADAMS STREET AND NORTH WATER STREET, EXTENDING TO THE NORTHWEST CORNER OF CONGRESS STREET AND DELCHAMPS DRIVE) FROM I-1 TO B-4. The following resolution was introduced by Councilmember Small.

RESOLUTION: 41-303-2016

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.

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 24th day of May, 2016, at 10:30 am. 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 26th day of April, 2016.

Councilmember Small then moved to call for the public hearing, which move 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 whereupon the Presiding Officer set the date for the public hearing as Tuesday, May 24, 2016.

CALL FOR PUBLIC HEARING TO AMEND CHAPTER 64 OF THE MOBILE CITY CODE TO ELIMINATE CONFLICT BETWEEN THE OFF-STREET PARKING REQUIREMENTS AND THE DOWNTOWN DEVELOPMENT DISTRICT CODE AND DESCRIBE EXEMPTED AREAS. The following resolution was introduced by Councilmember Small.

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.

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 24th day of May, 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 other amendments. This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 26th day of April, 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 64-6.A.1 of the Mobile City Code, as amended, is hereby amended and reading in its entirety as follows:

Sec. 64-6. Off-street parking and off-street truck loading.
A. Off-street parking requirements.

1. Provision and maintenance required. The off-street facilities herein required shall be provided in at least the amount and maintained in the manner herein set forth; provided, however, that off-street parking facilities in excess of the amounts heretofore required by law, need be neither provided nor maintained for land actually used or for structures actually existing (whether occupied or vacant) on the effective date of this ordinance unless, after the effective date of this ordinance such land, structures, or uses are enlarged, expanded or changed, in which event the land, structures, and uses hereby excluded shall not be used, occupied, or operated unless there is provided for the increment only of such land, structures, and uses, and maintained as herein required, at least the amount of off-street parking facilities that would be required hereunder if the increment were a separate land, structure, or use. The area bounded by Beauregard Street on the North, the Mobile River on the East, Eslava Street on the South, and Water Street on the West, shall be exempt from the off-street parking requirements.

Section 2. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 3. This Ordinance shall be in full force and effect from and after its adoption and publication.

Councilmember Small then moved to call for the public hearing, which move 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 whereupon the Presiding Officer set the date for the public hearing as Tuesday, May 24, 2016.

CALL FOR PUBLIC HEARING TO AMEND CHAPTER 64.3.1 OF THE CITY OF MOBILE CODE, DOWNTOWN DEVELOPMENT DISTRICT. The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 3, 2016.

RESOLUTION: 41-305-2016

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.

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 24th day of May, 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 other amendments. This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 26th day of April, 2016.

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

Section One: That the Ordinance commonly known as the Zoning Ordinance, adopted


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