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 May 03, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 3, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, May 3, 2016, at 9:00 a.m.

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

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, MAY 3, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, May 3, 2016, at 10:30 a.m., in regular meeting.

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

Dr. Jeff L. Wilson, Co-Senior 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, Rich and Richardson
Absent: Daves

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 26, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson recognized Mobile Fire and Rescue Department employees Captain Jerry Smith, Driver Jason Randolph, Firefighters Ross Braswell and Jim Ramsey for responding to a call wherein a thirteen year old boy was attacked by a dog, thus saving the boy’s life.

Mayor Stimpson recounted several highlights of his trip to Washington D.C.; including meeting with the Department of Transportation to discuss the City’s application for a TIGER grant, participation in a convention recruiting organized by Visit Mobile and visited the AirBus headquarters.

Mayor Stimpson announced that Thursday, May 5, 2016, is the National Day of Prayer.

Mayor Stimpson conveyed that Mobile native and golfer Bobby Wyatt, son of Cliff and Robin Wyatt, finished fourth in the 2016 Zurich Class in New Orleans.

Executive Director Nancy Hudson, Operation LifeSaver, Inc. addressed the Council regarding railroad crossing safety.

MONTHLY FINANCE REPORT (Held over from the regular meeting of Tuesday, April 26, 2016):

Executive Director of Finance Paul Wesch presented the following for the March Finance Report:

“Good morning. I want to give you the March Financial Report and then also spend a few minutes hitting the highlights of the Comprehensive Annual Financial Report that was delivered last week.”

“March was a difficult month for revenues. Sales taxes into all funds were actually down when compared with March 2015. We aren’t really sure why. We do not see a trend yet. It is something to watch over the next couple of months.”

“Year to date, the first six months, we are up about $2.5 million over the same period last year. The year to date looks good. Compared to budget for sales taxes for this point in the year we are up only about $240,000.00. We are basically flat. In other words we budgeted about a 3% increase in sales taxes from 2015 to 2016 and that is being achieved, but we are not seeing a trend up in taxes throughout the year over last year. We are going to be cautious about what we predict for 2017 as we enter the budget process.”

“Through one half of the fiscal year each operational department has spent less than one half of their budget. City wide departmental expenditures are about 43.6% of the year’s budget. Maybe going forward that is where improvements in delivery to the citizens is going to take place; in a continued downward trend in expenditures as opposed to hoping for large increases in revenue.”

“The Comprehensive Annual Financial Report was issued electronically last week. It is now on the web site and you will be receiving bound copies as soon as they are printed. The highlights are really a celebration of the fiscal responsibility the City Council and Mayor have shown since the election. In 2015 the City experienced a $23.1 million operating surplus which was higher than the year before. The majority of this was budgeted. Some of it went to complete the funding of the reserve account. $7.6 million was budgeted into capital. The City’s general fund balance has improved markedly. Most importantly the City has not accrued any new debt in the last two and a half (2 ½) years. When you were elected to this term the long term indebtedness of the City was $296 million which was above average. It was not in the danger zone, but was high for a city our size. Today that has fallen by more than $30 million. That combined with the increase in our reserves is a bright spot for Mobile. We are not where we need to be, but we are getting there.”

“At the same time the City’s unfunded liabilities are falling due to your efforts in dealing with healthcare reform and post-employment healthcare which was at $304 million and is now less than $200 million. It has fallen by $112 million. The unfunded liabilities of the Police and Fire Pension Fund and the RSA Pension fund have fallen. The liability of the Police and Fire Pension Fund is on a thirty year amortization. Things appear to be heading in the right direction from a net worth as well as operational standpoint.”

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, Manzie, Small, Williams, 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 Kingdom Covenant Connections, Inc. for a waiver of the Noise Ordinance at Spanish Plaza Park, 401 Government Street, on September 9, 2016, from 6:00 p.m. - 8:30 p.m.; September 10, 2016 from 7:00 a.m. - 7:00 p.m.; and September 11, 2016 from 10:00 a.m. - 10:00 p.m.(District 2).

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

Ayes: Richardson, Manzie, Small, Williams, 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 Jennifer Stallings, Blacklawn Street Association, for a waiver of the Noise Ordinance on Blacklawn Street on May 14, 2016, from 6:00 p.m. – 11:00 p.m. (District 2).

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

Ayes: Richardson, Manzie, Small, Williams, 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 Orlando Smoots for a waiver of the Noise Ordinance at 540 Texas Street, James Seal Recreation Center, on July 4, 2016, from 3:00 p.m. – 10:00 p.m. (District 2).

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

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

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

4.) The Council considered the request of Norman A. Lucas, II, for a waiver of the Noise Ordinance at 1114 West Gimon Circle, Fry Park, on May 14, 2016, from 2:00 p.m. – 10:00 p.m. (District 3).

There being no objections, Councilmember Richardson moved that the waiver be held over for one (1) week until the regular meeting of Tuesday, May 10, 2016, which motion was seconded by Councilmember Manzie, and the vote was as follows:

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

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

5.) The Council considered the request of Shanta Denisia White for a waiver of the Noise Ordinance at 6517 Victoria Place South on May 28, 2016, from 7:00 p.m. - 12:30 p.m. (District 7).

There being no objections, Councilmember Small moved that the waiver state from 7:00 p.m. - 10:30 p.m., which motion was seconded by Councilmember Rich, and the vote was as follows:

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

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

PUBLIC HEARINGS:

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 507 DAUPHIN ISLAND PARKWAY 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 507 Dauphin Island Parkway 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 ordinance authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 665 PATTON AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED.

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 665 Patton Avenue is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary 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) James L. Jackson, Jr., 224 Garrison Avenue, expressed his concerns regarding the cuts to the WAVE Transit and the negative effects he believes they will have on the community.

(2) Mario Yow, Sr., 1860 Reddy Street, asked the Council for assistance in acquiring a larger police presence in the 1300 block of Arlington and Ann Streets because of the high crime rate. Mr. Yow also asked for an update on his SRO for the cemetery in Plateau.

ORDINANCES HELD OVER:

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 which was introduced and read at the regular meeting of Tuesday, April 26, 2016, and held over until the regular meeting of Tuesday, May 3, 2016, was called up by the Presiding Officer.

Ordinance: 64-021-2016

BE IT ORDAINED BY THE CITY COUNCIL OF TILE 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.

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

Ayes: Richardson, Manzie, Small, Williams, 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:

DECLARE THE STRUCTURE AT 110 BAY AVENUE A PUBLIC NUISANCE AND ORDER OR REPAIRED OR DEMOLISHED. The following resolution which was introduced and read at the regular meeting of Tuesday, February 2, 2016, and held over until the regular meeting of Tuesday, April 26, 2016, was called up by the Presiding Officer.

RESOLUTION: 40-085-2016

Sponsored by: Councilmember Daves and Mayor Stimpson

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

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

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

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

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

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

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

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

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

Ayes: Richardson, Manzie, Small, Williams, 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 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 which was introduced and read at the regular meeting of Tuesday, April 26, 2016, and held over until the regular meeting of Tuesday, May 3, 2016, was called up by the Presiding Officer.

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.

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

Ayes: Richardson, Manzie, Small, Williams, 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 BEST PRICE SERVICES, LLC, FOR RIGHT-OF-WAY MOWING IN DAUPHIN ISLAND PARKWAY AND CYPRESS SHORE COMMUNITIES, $260,000.00 PER MOWING SEASON (BUDGET ITEM 10042016.42140). The following resolution which was introduced and read at the regular meeting of Tuesday, April 26, 2016, and held over until the regular meeting of Tuesday, May 3, 2016, was called up by the Presiding Officer.

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.

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

Ayes: Richardson, Manzie, Small, Williams, 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 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 which was introduced and read at the regular meeting of Tuesday, April 26, 2016, and held over until the regular meeting of Tuesday, May 3, 2016, was called up by the Presiding Officer.

RESOLUTION: 01-300-2016

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.

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

Ayes: Richardson, Manzie, Small, Williams, 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 VINCE A. MCCARROLL AND ANTOINETTE A. MCCARROLL D/B/A AFFORDABLE HOME CARE, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. The following resolution which was introduced and read at the regular meeting of Tuesday, April 26, 2016, and held over until the regular meeting of Tuesday, May 3, 2016, was called up by the Presiding Officer.

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.

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

Ayes: Richardson, Manzie, Small, Williams, 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 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 which was introduced and read at the regular meeting of Tuesday, April 26, 2016, and held over until the regular meeting of Tuesday, May 3, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-308-2016

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 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.

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

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

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

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 03-309, 31-310 through 31-311, 37-312 through 37-314, 40-315 through 40-316 and 58-317 through 58-319. The motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

APPOINT THELMA THRASH TO THE LADD-PEEBLES MEMORIAL STADIUM PUBLIC PARK & RECREATION BOARD The following resolution was introduced by Councilmember Small.

RESOLUTIOIN: 03-309-2016

Sponsored by: Councilmember Small

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Thelma Thrash is appointed to the Ladd-Peebles Memorial Stadium Public Park & Recreation Board effective immediately for a term ending August 21, 2021.

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

Ayes: Richardson, Manzie, Small, Williams, 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 FOR AND ENTER INTO AN AGREEMENT OF UNDERSTANDING WITH ALEA HIDTA GRANT #G16GC0006A-6HMO, $268,660.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 31-310-2016

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 Alabama Law Enforcement Agency (ALEA), a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $25,861.00 for the ALEA HIDTA FY2016 Grant #G16GC0006A-6HMI.

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 Alabama Law Enforcement Agency and any other state agency.

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

Ayes: Richardson, Manzie, Small, Williams, 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 FOR AND ENTER INTO AN AGREEMENT OF UNDERSTANDING WITH ALEA HIDTA GRANT #G16GC0006A-6HMO, $268,660.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 31-311-2016

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 Alabama Law Enforcement Agency (ALEA), a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $268,660.00 for the ALEA HIDTA FY2016 Grant #G16GC0006A-6HMO.

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 Alabama Law Enforcement Agency and any other state agency.

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR FOR WET WILLIE’S, 200 DAUPHIN STREET. The following resolution was introduced by Councilmember Small.

RESOLUTION: 37-312-2016

Sponsored by: Councilmember Manzie

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

Type of Application: Restaurant Retail Liquor

Submitted by: Mobile Wet Willie's, LLC

Location: Wet Willie's
200 Dauphin Street
Mobile, AL 36602

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR FIRST STOP, 1275-A SPRINGHILL AVENUE. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-313-2016

Sponsored by: Councilmember Manzie

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

Type of Application: Restaurant Retail Beer/Table Wine (off premises only)

Submitted by: Sai Darshan, LLC

Location: First Stop
1275-A Springhill Avenue
Mobile, AL 36604

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be held over for one (1) week, which was seconded by Councilmember Rich, and the vote was as follows:

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR CLASS II (PACKAGE STORE) LICENSE FOR FIRST STOP PACKAGE STORE, 1275-B SPRINGHILL AVENUE. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-313-2016

Sponsored by: Councilmember Manzie

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: Lounge Retail Liquor Class II (Package Store)

Submitted by: Sai Darshan, LLC

Location: First Stop Package Store
275-B Springhill Avenue
Mobile, AL 36604

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be held over for one (1) week, which was seconded by Councilmember Rich, and the vote was as follows:

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

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

DECLARE THE STRUCTURE AT 507 DAUPHIN ISLAND PARKWAY A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-315-2016

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 507 Dauphin Island Parkway 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 507 Dauphin Island Parkway described as:

LOTS 4 & 23 SQ 9 RICKARBY PL REC DBK 116 N S PG 208 #SEC 28 T4S R1W #MP29 10 28 2 003

Parcel #: 022910282003053.

Last Assessed to: Leon & Henrietta Womack
507 Dauphin Island Parkway
Mobile, AL 36606

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 Small, and the vote was as follows:

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

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

DECLARE THE STRUCTURE AT 665 PATTON AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-316-2016

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 665 Patton Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 665 Patton Avenue described as:

LOTS 26 & 25 BLK 3 DIXIE PARK MBK 3 PGS 273-276 #SEC 25 T4S R1W #MP29 07 25 0 001

Parcel #: 022907250001021.

Last Assessed to: Jarvis Deangelo McLaughlin
665 Patton Avenue
Mobile, AL 36603

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

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

ADD TR CONSTRUCTION TO THE LIST OF PRIVATE CONTRACTORS TO ABATE PROPERTIES DECALRED PUBLIC NUISANCES. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 58-317-2016

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

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

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

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

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

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

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

DECLARE WEEDS NOXIOUS, GROUP #1539. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 58-318-2016

A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES.

WHEREAS, a survey has been made to determine the properties upon which or in front of which noxious or dangerous weeds are growing and the agents or employees of the City of Mobile have obtained the legal description of parcels of property in the City of Mobile upon which or in front of which such weeds are growing, and it has been determined to follow the provisions of Act No. 329 of the Legislature of the State of Alabama, approved on April 28, 1988, and to have caused such weeds to be cut or otherwise abated as public nuisances:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE AS
FOLLOWS:

SECTION 1: It has been determined by the City Council of Mobile that the weeds growing on the privately owned lots or parcels of land described in Exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part thereof as though set forth in full, known as Group #1539 under the caption "NOXIOUS OR DANGEROUS WEEDS GROWING ON PROPERTY," are noxious and dangerous, and such weeds are hereby declared to be public nuisances. The properties upon which such weeds are growing are all located within the corporate limits of the City of Mobile, about the streets referred to in the description which are more particularly described in said Exhibit "A."

SECTION 2: The weeds growing on or in front of the above described parcels of property shall be abated by the removal of such noxious or dangerous weeds or they will be removed and the nuisances abated by the City of Mobile, in which case the cost of such removal will be assessed against the respective parcels of lands from which such weeds are removed, and such cost will constitute a lien upon such respective parcels of land until paid. A public meeting is hereby called to be held in the Auditorium of the Mobile Government Plaza 205 Government Street, Mobile, Alabama, on the 7th day of June, 2016, at ten thirty a.m., for the purpose of hearing any objections to the declarations contained in this resolution and to the proposed removal of such weeds, at which time all objections will be heard and given due consideration by the City Council of Mobile; and it is directed that there shall be conspicuously posted in front of each parcel of property, a notice headed "NOTICE TO DESTROY WEEDS," such heading to be in words not less than one inch in height and substantially in the form set out in such Act No. 329, approved April 29, 1988.

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

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

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1523. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 58-319-2016

RESOLUTION ASSESSING THE COST OF REMOVAL OF NOXIOUS OR DANGEROUS WEEDS IN FRONT OF OR ON CERTAIN PARCELS OF LAND IN THE CITY OF MOBILE, ALABAMA

WHEREAS, an itemized report in writing has been made to the City Council of Mobile, showing the costs of removing noxious or dangerous weeds on or in front of the hereinafter described parcels of land, a copy of such report having first been posted on the Council Chamber door more than three days prior to the meeting at which the report was received, and the City Council having heard the report, together with any objections which may have been raised by any of the property owners liable to be assessed for the work of cutting such weeds, and the City Council being of the opinion that such report in all respects be confirmed:

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1523 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

Section 2. It is directed that a copy of this resolution be delivered to the Tax Collector of the City of Mobile, and it shall be his duty to add the amounts of the above respective assessments to the next regular bills for ad valorem taxes levied against the said respective lots and parcels of land for municipal purposes, and such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedure on foreclosure and sale as in the case of delinquency as provided for ordinary ad valorem taxes.

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

Ayes: Richardson, Manzie, Small, Williams, 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 CIP RESOLUTION BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolution 21-321. The motion was seconded by Councilmember Manzie, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the item.

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH JOHN G. WALTON CONSTRUCTION COMPANY, INC. FOR REHABILITATION AND RESURFACING OF PLEASANT VALLEY ROAD (FROM AZALEA ROAD TO MONTLIMAR DRIVE) (MOBILE CO 2014 PAYGO PROJ, MCR 2014-201); OLD SHELL ROAD (FROM EAST I-65 SERVICE ROAD TO FLORIDA STREET) (MOBILE CO 2014 PAYGO PROJ, MCR 2014-101); AND OLD SHELL ROAD (FROM WHITE LANE TO WEST I-65 SERVICE ROAD) (COM 2016 CIP PROJ-COM PROJECT NO. 2016-3005-29), $1,542,471.74 (D1, D5 AND D7) (2016 CIP-DY # 345-357). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 10, 2016.

RESOLUTION: 21-320-2016

Sponsored by: Councilmembers Richardson, Daves, 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: John G. Walton Construction Co., Inc.

Project Name: Rehabilitation and Resurfacing of:
Pleasant Valley Rd. (from Azalea Rd. to Montlimar Dr.), Mobile Co 2014 PAYGO Proj, MCR 2014-201 Old Shell Rd. (from E. 1-65 Service Rd. to Florida St.), Mobile Co 2014 PAYGO Proj, MCR 2014-101 *Old Shell Rd. (from White Ln. to W.1-65 Service Rd.), COM 2016 CIP Prog.; COM Project No. 2016-3005-29

Estimated Cost: $1,542,471.74

AUTHORIZE CONTRACT WITH SOUTHERN EARTH SCIENCE, INC. FOR REHABILITATION AND RESURFACING OF PLEASANT VALLEY ROAD (FROM AZALEA ROAD TO MONTLIMAR DRIVE (MOBILE CO 2014 PAYGO PROJ, MCR 2014-201); OLD SHELL ROAD (FROM EAST I-65 SERVICE ROAD TO FLORIDA STREET) (MOBILE CO 014 PAYGO PROJ, MCR 2014-101); AND OLD SHELL ROAD (FROM WHITE LANE TO WEST I-65 SERVICE ROAD) (COM 2016 CIP PROJ.-COM PROJECT NO. 2016-3005-29), $24,000.00 (D1, D5 AND D7) (2016 CIP-D7 #345-537). The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 21-321-2016

Sponsored by: Councilmembers Richardson, Daves, 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: Southern Earth Science, Inc.

Project Name: Rehabilitation and Resurfacing of:
Pleasant Valley Rd. (from Azalea Rd. to Montlimar Dr.), Mobile Co 2014 PAYGO Proj, MCR 2014-201 Old Shell Rd. (from E. 1-65 Service Rd. to Florida St.), Mobile Co 2014 PAYGO Proj, MCR 2014-101 *Old Shell Rd. (from White Ln. to W.1-65 Service Rd.), COM 2016 CIP Prog.; COM Project No. 2016-3005-29

Estimated Cost: $24,000.00

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

Ayes: Richardson, Manzie, Small, Williams, 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 RESOLUTION BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolution 01-322. The motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the item.

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE A SPECIAL ECONOMIC DEVELOPMENT GRANT AGREEMENT WITH RPI BEL AIR MALL, LLC RELATED NOTICE AND SPECIAL ECONOMIC DEVELOPMENT GRANT AGREEMENT (MAXIMUM $7.5 MILLION FROM INCREASED SALES TAX). The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 01-322-2016

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 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) RPI Bel Air Mall, LLC ("Bel Air") owns certain property located in the City defined as the Project Site in the Development Agreement (defined below) and Bel Air desires to develop and redevelop the Project Site for commercial and retail purposes which will require capital improvements and related Project (as defined in the Development Agreement) costs in the amount of $25,000,000 or more and will include various interior cosmetic renovations, renovations of existing facades, improvements to the site landscaping and access, and renovations of the exterior to implement exterior-facing retail and restaurant spaces and a new grand entry feature all as described in the Development Agreement.

(b) The City and Bel Air propose to execute and deliver a Special Economic Development Grant and Project Agreement (the "Development Agreement") in order to induce Bel Air to further develop and expand its operations within the City.


(c) The Development Agreement will be executed and delivered by Bel Air and the City.

(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 22, 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 the 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.

(a) 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. (b) This resolution shall take effect immediately.

EXHIBIT “A”:

LEGAL NOTICE OF PUBLIC MEETING OF THE CITY OF MOBILE CITY COUNCIL

Regarding Economic Development Action under Alabama Constitutional Amendment No. 772 for RPI Bel Air Mall, LLC

Notice is hereby given that the City Council (the "City Council") of the City of Mobile, Alabama (the "City") will meet in public session at 10:30 a.m. on Tuesday, May 3, 2016, in City Hall in the City for the purpose of consideration of the transaction of any business that may properly come before the City Council; such business to include, but not be limited to, the authorization by the City Council pursuant to Amendment No. 772 of the Constitution of Alabama of 1901, as amended, of a resolution (the "Resolution") authorizing the execution and delivery of a Special Economic Development Grant and Project Agreement by the City (the "Development Agreement") to be entered by RPI Bel Air Mall, LLC (the "Developer"), as more particularly described hereinbelow. If the Resolution is held over pursuant to City Council rules, the City Council will meet in public session at 10:30 a.m. on Tuesday, May 10, 2016, in City Hall in the City for the purpose of consideration of the transaction of any business that may properly come before the City Council; such business to include, but not be limited to, the authorization by the City Council of the Resolution.

The Development Agreement will be executed and delivered by the Developer to the City.

The Developer intends to develop and redevelop the Project Site (as defined in the Development Agreement) for retail and commercial purposes which will require capital improvements and related Project (as defined in the Development Agreement) costs in the amount of $25,000,000 or more and will include renovations of existing facades, improvements to the site landscaping and access, and renovations of the exterior to implement exterior-facing retail and restaurant spaces and a new grand entry feature (the "Improvements" together with the Project Site, collectively, the "Project"). The Developer will be the direct beneficiary of the Development Agreement and the Incentive (as defined below).

Pursuant to Amendment No. 772 of the Constitution of Alabama of 1901, as amended, and the Development Agreement, for the purpose of economic development of the City, the City will provide to the Developer certain funds of the City in consideration, and for the purpose, of the development of the Project to be located within the City.

As described in the Development Agreement, the City will pay to the Developer amounts equal to a portion of the increased sales tax revenues received pursuant to increased sales at the Project, not to exceed $500,000 annually, and received by the City until the earlier of (i) the amount paid to the Developer equals $7,500,000 or (ii) the fifteenth anniversary of the Sales Tax Incentive Commencement Date (as defined in the Development Agreement) (the "Incentive").

The Development Agreement will be issued and delivered by the City pursuant to Amendment No. 772 to the Constitution of Alabama of 1901, as amended. The amounts payable by the City under the Development Agreement are payable only from the revenues of the increased sales tax revenues described in the Development Agreement as collected and received by the City, and shall not constitute a general obligation, or charge against the general credit or taxing power of the City. The Development Agreement will be effective on the date of execution by both parties and delivery of the Development Agreement to the City.

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 increase employment in the City and to promote and develop for the public good and welfare trade, commerce, industry, and employment opportunities in the City; and to promote the convenience, order, prosperity and welfare of its citizens. The increased property values, increased tax revenues, additional economic activity, creation of new jobs and the other benefits described herein will directly benefit the City and serve a valid and sufficient public purpose. The company to whom and for whose benefit the City proposes to grant public funds or thing of value is the Developer.

The City Council expects to determine at its public meeting that the grant of funds and things of value in connection with the transaction described above will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to the Developer or any other private entity or entities.

All interested persons may examine and review the Development Agreement and all relevant documents pursuant to which the Incentive is to be issued, and make copies thereof at their personal expense, at the offices of the City Clerk of the City in City Hall, Mobile, Alabama, during normal business hours, before and after the meeting of the City Council referenced herein.

Further information concerning the information in this Notice may be obtained from the City Clerk of the City at the offices thereof in City Hall during normal business hours.

Councilmember Gregory moved to hold over the item for two (2) weeks until the regular meeting of Tuesday, May 17, 2016. The motion was seconded by Councilmember Rich, and the vote was as follows:

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

The Presiding Officer declared the resolution held over.

AUTHORIZE CONTRACT WITH THOMPSON ENGINEERING, INC., FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS-CITY DOCK MAINTENANCE DREDGING PERMIT, $13,000.00 (CT-017-16; D2; CO259), The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 10, 2016.

RESOLUTION: 21-323-2016

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: Thompson Engineering, Inc.

Project name: City of Mobile, Alabama Cruise Terminal Improvements
City Dock Maintenance Dredging Permit

Project number: CT-017-16

Amount: $13,000.00

AUTHORIZE CONTRACT WITH DELL CONSULTANT, LLC, FOR MOBILE MUSEUM OF ART-HUMIDIFIER REPLACEMENT, $8,750.00 (MY-159-16; D7; CO018). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 3, 3016.

RESOLUTION: 21-324-2016

Sponsored by: Councilmember Gregory and Mayor Stimpson

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

Name of company: DellConsultant, LLC

Project name: Mobile Museum of Art- Humidifier Replacement

Project number: MU-159-16

Amount: $8,750.00

ANNOUNCEMENTS

Councilmember Manzie announced a district two community meeting for residents in the Old Dauphinway Historic District Thursday, May 5, 2016, 6:00 p.m. City Engineer Nick Amberger and Executive Director of Planning and Development Diane Irby have been invited.

Councilmember Manzie encouraged the public to attend the Mother’s Day Concert in Washington Square on Sunday, May 9, 2016, 2:00 – 4:00 p.m.

Councilmember Richardson declared a Public Services Committee meeting will be held Tuesday, May 3, 2016, 9th floor City Council conference room, 2:00 p.m. The CIP process and projects will be discussed.

Councilmember Richardson indicated that there will be a Crichton Community Action Group meeting Monday, May 9, 2016, USA Medical Center, 6:00 p.m.

Councilmember Richardson expressed that the Youth Symphony Orchestra did an outstanding job at their Sunday performance held at the Dotch Community Center. Councilmember Richardson looks forward to this becoming an annual event.

Councilmember Rich indicated that the improvements at Medal of Honor Park and Playground Express costs will be higher than initially thought. County Commissioner Connie Hudson will allocate funds that will allow the project to continue moving forward.

Councilmember Rich encouraged the public to attend the Mobile Pops Band patriotic concert at Medal of Honor Park on Memorial Day, Monday, May 30, 2016, 7:00 p.m.

Councilmember Rich wished all mothers a happy Mother’s Day.

Councilmember Small reported that the Economic Culture and Civic Development Committee will meet Tuesday, May 10, 2016, 1:00 p.m., 9th floor City Council conference room, to discuss the economic development of Bel Air Mall.

Councilmember Small reminded the public to call 311 with any City service issues and to be sure to get the Service Request Order number.

Councilmember Small wished his mother and all mothers a happy Mother’s Day.

Councilmember Williams recounted his trip to Washington D.C. was a success and that “Visit Mobile” and “Born to Celebrate” were well received.

Councilmember Gregory stated that this past weekend she and Councilmember Daves helped the Village of Springhill to celebrate their ten (10) year anniversary.

Councilmember Gregory indicated that she has spoken with Municipal Court Judge Whiddon about community service workers and inmates going out to pick up litter in various communities.

The Presiding Officer adjourned the meeting at approximately 11:37 p.m.

Approved: May 10, 2016

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK




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