Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


 Subscribe to RSS Feed - Council Agendas


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 17, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 17, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, May 17, 2016, at 9:00 a.m.

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

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 10:30 a.m.

The Presiding Officer adjourned the meeting.

Approved:

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 17, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, May 17, 2016, at 10:30 a.m., in regular meeting.

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

Reverend Dan Wagner, Canon Pastor, Christ Church Cathedral, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

STATEMENT OF RULES BY COUNCIL PRESIDENT:

Councilmember Gregory announced the recent opening of the new skate ramp at Langan Park.

Councilmember Gregory noted that this is “National Police Week”.

Councilmember Gregory also indicated that this is “National Bike to Work Week.” A ride of silence will be held this week to honor those who have been injured or killed while biking.

Councilmember Gregory stated that the “Blue Star Salute,” hosting the Vietnam Memorial Wall, will be held at Battleship Memorial Park.

Councilmember Gregory invited everyone to Barton Academy this Saturday to see the renovations that have been done thus far.

Councilmember Gregory concluded that construction will begin soon for shade structures at Langan and Chavers-McCants Parks.

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 May 10, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Councilmember Gregory announced there would be no communications from the Mayor as he is in Cuba.

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, Manzie, 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 Kizzi R. Butler for a waiver of the Noise Ordinance at 1905 Beau Terra Drive West on May 28, 2016, from 4:00 p.m. - 10:00 p.m. (District 1).

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

Ayes: Richardson, Manzie, 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 Ann J. Pond for a waiver of the Noise Ordinance on 300 South Georgia Avenue on May 19, 2016, from 5:30 p.m. – 8:00 p.m. (District 2).

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

Ayes: Richardson, Manzie, 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 Kyle Purvis for a waiver of the Noise Ordinance at 811 Wildwood Drive on May 20 and May 21, 2016, from 6:00 p.m. – 10:00 p.m. (District 4).

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

Ayes: Richardson, Manzie, Daves, 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 Sheila Prowell for a waiver of the Noise Ordinance at 6123 Aaron Drive on May 19, 2016, from 12:00 p.m. – 5:00 p.m. (District 7).

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

Ayes: Richardson, Manzie, Daves, 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 Linda M. Jones for a waiver of the Noise Ordinance at 82 Burtonwood Drive on May 21, 2016, from 3:00 p.m. – 8:00 p.m. (District 7).

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

Ayes: Richardson, Manzie, Daves, 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 2916 GASLIGHT LANE SOUTH 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 2916 Gaslight Lane South 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:

Councilmember Rich read a proclamation declaring Tuesday, May 17, 2016 as “Constitution Week Awareness Day” in the city. Students and staff from Olive J. Dodge Elementary School accepted the proclamation.

Councilmember Gregory read a proclamation declaring May 15 – 21, 2016 as “Emergency Medical Services Week” in the city. Councilmember Gregory urged all citizens to show their appreciation of the outstanding service rendered by the members of this profession. Assistant Chief Pappas and other members of the Mobile Fire Rescue Department accepted the proclamation.

Assistant Fire Chief Pappas reported that the Mobile Fire Rescue Department was awarded the “American Heart Association’s Mission: Lifeline EMS Recognition Award.”

Councilmember Gregory recognized the students present from Corpus Christi Catholic School’s Leadership Team to observe the meeting.

RESOLUTIONS HELD OVER:

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 which was introduced and read at the regular meeting of Tuesday, May 3, 2016, and held over until the regular meeting of Tuesday, May 10, 2016, was called up by the Presiding Officer.

RESOLUTION: 01-322-2016

Sponsored by: Mayor Stimpson

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 Daves moved to hold over the item for two (2) weeks until the regular meeting of Tuesday, May 31, 2016. The motion was seconded by Councilmember Manzie, and the vote was as follows:

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

The Presiding Officer declared the resolution held over.

AUTHORIZE CONTRACT WITH SOUTHERN EARTH SCIENCES, INC. FOR ANN STREET, STREET AND DRAINAGE REHABILITATION, SECTION A, PART 2 (ARLINGTON STREET TO DOUGLAS STREET), $58,000.00 (2016 CIP, D3 #163, COM PROJECT NO. 2011-202-09A). The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 17, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-332-2016

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: Southern Earth Sciences, Inc.

Project name: 2016 CIP, D3 #163 Ann St., Street and
Drainage Rehabilitation, Section A, Part 2
(Arlington Street to Douglas) COM Project 2011-202-09A

Estimated cost: $58,000.00

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, 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 VOLKERT, INC. FOR ANN STREET-STREET AND DRAINAGE REHABILITATION, SECTION A (ARLINGTON STREET TO TENNESSEE STREET), $208,400.00 (2016 CIP, D3 #163, CO167). The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 17, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-334-2016

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 amendment, by and between the City of Mobile and the company listed below. A copy of said executed contract amendment will be on file in the office of the City Clerk.

Name of company: Volkert, Inc.

Project name: 2016 CIP, D3 #163, Ann St.,
Street and Drainage Rehabilitation,
Section A (Arlington St. to Tennessee St.)

Increased amount: $208,400.00

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, 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 MCCRORY & WILLIAMS, INC., TWELVE MILE CREEK BANK STABILIZATION REPAIRS; 2016 DRAINAGE IMPROVEMENTS AND REPAIRS, GROUP B; LUCKNER COURT OUTFALL REPAIRS; AND THREE MILE CREEK @ BOWIE COURT, $178,600.00 (D3, 4, 5, 6 & 7) (COM 2016-3005-35A; COM 2016-3005-35B; & COM 2016-3005-35C & COM 2016-3005-35D) (2016 CIP D & #83, 2017 ADVANCED CAPITAL). The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 17, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-343-2016

Sponsored by: Councilmembers Small, Williams, Daves, Rich
and Gregory and Mayor Stimpson

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

Name of company: McCrory & Williams, Inc.

Project name: Twelve Mile Creek Bank Stabilization Repairs
COM 2016-3005-35A 2016 Drainage Improvements and Repairs-Group B COM 2016-3005-35B Luckner Court Outfall Repairs COM 2016-3005-35C Three Mile Creek @ Bowie Court COM 2016-3605-35D

Estimated cost: $178,600.00

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

Ayes: Richardson, Manzie, 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 PROFESSIONAL SERVICES CONTRACT WITH MODERN COMMUNICATIONS GROUP, INC. D/B/A FORWARD CONSULTING, FOR VIDEO MANAGEMENT AND CONSULTING SERVICES, $72,000.00 (CITY-WIDE; DEPARTMENT 071). The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 17, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-335-2016

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Professional Services Contract between the City of Mobile and Modern Communications Group, Inc., d/b/a Forward Consulting, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full herein. A copy of said Agreement is on file in the Office of the City Clerk.

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

Ayes: Richardson, Manzie, 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 PROFESSIONAL SERVICES CONTRACT WITH JAMES L. BRAMBLETT D/B/A JAMES BRAMBLETT PRODUCTIONS, FOR PRODUCTION OF PUBLIC RELATIONS VIDEOS $56,880.26 (CITY-WIDE; DEPARTMENT 071). The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 17, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-336-2016

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the Mayor and 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 professional services contract by and between the City of Mobile and James L. Bramblett, d/b/a Jim Bramblett Productions for services 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 Gregory, and the vote was as follows:

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

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

AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH MOFFATT & NICHOL FOR THE MOBILE BAY SHORE HABITAT AND ACQUISITION INITIATIVE, PHASE I, $170,000.00 (CITY-WIDE); GRANT FUNDS, G-NFWF1). The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 17, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-337-2016

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, the Professional Services Contract between the City of Mobile and Moffatt & Nichol. A copy of said Professional Services 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 Rich, and the vote was as follows:

Ayes: Richardson, Manzie, 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 CBA DESIGN, LLC D/B/A CASBURN BRETT ARCHITECTURE FOR MOBILE VISITOR’S CENTER-VISION PACKAGE, $12,500.00 (D2; CL-142-16; E0010). The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 17, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-338-2016

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: CBA Design, LLC d/b/a Casburn Brett Architecture

Project name: Mobile Visitor's Center - Vision Package

Project number: CL-142-16

Amount: $12,500.00

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

Ayes: Richardson, Manzie, 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 BILL SMITH ELECTRIC, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS-MECHANICAL AND ELECTRICAL, $915,204.00 (D2; CT-017-16; STATE OF ALABAMA GENERAL OBLIGATION BOND SERIES 2016-A). The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 17, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-339-2016

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: Bill Smith Electric, Inc.

Project name: City of Mobile, Alabama Cruise Terminal Improvements
Mechanical and Electrical

Project number: CT-017-16

Amount: $915,204.00

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

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

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

AUTHORIZE CONTRACT WITH THOMPSON ENGINEERING, INC. FOR PROPOSED CRICHTON FIRE STATION SITE-PHASE II ENVIRONMENTAL SITE ASSESSMENT (ESA), $10,765.00 (D1; FD-131-16; CO098). The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 17, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-340-2016

Sponsored by: Councilmember Richardson 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: Proposed Crichton Fire Station Site
Phase II Environmental Site Assessment (ESA)

Project number: FD-131-16

Amount: $10,765.00

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

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

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

ASSENT TO THE VACATION OF STREET RIGHT-OF-WAY ON THE SOUTH SIDE OF COTTAGE HILL ROAD, DIRECTLY IN FRONT OF LOT 3, COASTAL SUBDIVISION. The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 17, 2016, was called up by the Presiding Officer.

RESOLUTION: 47-341-2016

WHEREAS, Kirby properties, LLC, an Alabama limited liability company, O. A. Presnell, Jr., and the Davis Pilot Family Limited Partnership, an Alabama limited liability partnership, as the abutting property owners of the following described undeveloped service road located to the south of and adjacent to the existing right-of-way for Cottage Hill Road, have requested the Mobile City Council to assent to the vacation of the undeveloped right-of-way hereinafter described; and,

WHEREAS, it has been shown to the satisfaction of the Mobile City Council that the developed right-of-way formerly intended to accommodate a 40' service road is not needed as public road in the City of Mobile, Alabama, that the vacation of same will not deprive any other property owner of such right as such property owner may have to convenient and reasonable ingress and egress to and from such other property, and that it would be in the best interests of the City of Mobile to vacate the same; and,

WHEREAS, the abutting property owners, Kirby Properties, L.L.C., an Alabama limited liability company, O.A. Presnell, Jr., and The Davis Pilot Family Limited Partnership, an Alabama limited liability partnership, have all consented to this requested vacation of the developed right-of-way hereinafter described.

NOW, THEREFORE, BE IT RESOLVED by the Mobile City Council that its assent be, and it is hereby given to the Petitioner, Kirby Properties, L.L.C., an Alabama limited liability company, O.A. Presnell, Jr., and The Davis Pilot Family Limited Partnership, an Alabama limited liability partnership, as abutting property owners, to the vacation of the undeveloped right-of-way, more particularly described as follows, to wit:

BEGINNING AT THE NORTHWEST CORNER OF LOT 3, COASTAL SUBDIVISION, AS RECORDED IN MAP BOOK 47, PAGE 48, IN THE OFFICE OF THE JUDGE OF PROBATE COURT, MOBILE COUNTY, ALABAMA; THENCE RUN N 00° 13' 05" E, 40.44 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COTTAGE HILL ROAD; THENCE RUN N 81°44' 16" E, 6125 FEET TO THE P.C. OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 913.19 FEET AND A DELTA ANGLE OF 09° 54' 19";THENCE RUN NORTHEASTWARDLY, ALONG SAID CURVE AND SOUTH RIGHT-OF-WAY LINE, AN ARC LENGTH OF 157.87 FEET (CHORD BEARS N 86° 41' 25" E, 157.67 FEET) TO A POINT; THENCE RUN S 00°13’ 05" W, 40.01 FEET TO A POINT ON A CURVE CONVEXING TO THE NORTH, HAVING A RADIUS OF 873.19 FEET AND A DELTA ANGLE OF 09° 58' 12"; THENCE RUN SOUTHWESTWARDLY, ALONG SAID CURVE, AN ARC LENGTH OF 151.94 FEET (CHORD BEARS S8 6°43; 22" W, 151.75 FEET) TO THE POINT. THEREOF; THENCE RUN S 81°44' 16" W, 67.22 FEET TO THE POINT OF BEGINNING.

Said tract of land contains 8,765.13 square feet.

BE IT FURTHER RESOLVED, by the Mobile City Council, that its assent be, and the same hereby is, given to vacate the undeveloped right-of-way described hereinabove located to the south of and adjacent to the existing easement for Cottage Hill Road subject to the following conditions:

(a) The Declaration of Vacation and this Resolution assenting to the vacation of said developed property, upon adoption by the Mobile City Council, be recorded in the Probate Court of Mobile County, Alabama, and a certified copy of the Resolution shall be immediately delivered to the Tax Assessor's Plat Room so that this property may be reassessed in the names the new owners;

(b) Any existing easement in favor of the Mobile Area Water and Sewer System or any other City of Mobile utility is excepted from this vacation and is retained in its favor to operate and maintain existing facilities until they are either relocated or abandoned.

(b) Alabama Power Company, which has consented to this vacation request, reserves all rights and privileges necessary and convenient for full enjoyment and use of its utility easement and/or facilities within the area to be vacated, including the right of ingress and egress, and the right to cut and/or trim trees/limbs which, in their sole opinion would interfere with their easement and/or facilities, and the right to prohibit the use of the land vacated in a manner which would violate the National Electric Safety Code.

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

NOTICE OF HEARING TO CONSIDER VACATION OF STREET RIGHT-OF-WAY LOCATED ON THE SOUTH SIDE OF COTTAGE HILL ROAD, DIRECTLY IN FRONT OF LOT 3, COASTAL SUBDIVISION

Notice is hereby given that the Mobile City Council proposes to consider the adoption of a resolution assenting to the vacation of street right-of-way located on the south side of Cottage Hill Road, directly in front of Lot 3, Coastal Subdivision. The adoption of such resolution will be considered by the Mobile City Council on the 10th day of May, 2016, at 10:30 am., in the Mobile Government Plaza Auditorium, 205 Government Street. Any citizen alleging to be affected by the proposed vacation may submit a written objection or may speak at the public hearing.

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, Daves, Rich and Gregory
Nays: None

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

ASSENT TO THE VACATION OF A PROTION OF THE RIGHT-OF-WAY OF ROYAL STREET. The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 17, 2016, was called up by the Presiding Officer.

RESOLUTION: 47-342-2016

WHEREAS, it having been made known to the City Council of the City of Mobile that:

The BOARD OF WATER AND SEWER COMMISSIONERS OF THE CITY OF MOBILE ("MAWSS"), a public agency or instrumentality, COAL FREIGHT FORWARDING, f/k/a T.A. HALL CONTRACTORS, INC. ("CFF"), an Alabama corporation, and the ALABAMA STATE PORT AUTHORITY ("ASPA"), a public corporation of the State of Alabama, constitute all of the abutting landowners surrounding an unused portion of the Royal Street right-of-way where same intersects the North side of Virginia Street in the City of Mobile, Mobile County, Alabama, said right-of-way being more particularly described as follows, to-wit:

Commencing at the northwest corner of the intersection of Water Street and Virginia Street; thence north 81 degrees, 38 minutes, 01 seconds west, along the north right of way line of Virginia Street (50 foot right of way Byrd Plat) a distance of 451.81 feet to the point of beginning of the property herein described; thence continue north 81 degrees, 38 minutes, 01 seconds west, 50.00 feet; thence departing said north right of way line north 7 degrees, 53 minutes, 02 seconds east, 144.00 feet; thence run along the arc of a curve to the right having a radius of 386.97 feet, an arc distance of 17.94 feet (the chord bears north 72 degrees, 21 minutes, 07 seconds east, and measures 17.94 feet); thence run south 81 degrees, 38 minutes, 01 seconds east, 33.82 feet; thence run south 7 degrees, 53 minutes, 02 seconds west, 151.87 feet; to the point of beginning and containing 0.17 acres more or less. (7531 sq. ft.)

WHEREAS, said right-of-way constitutes an unused remnant of Royal Street which serves no public purpose since the remainder of the former Royal Street right-of-way on both the north and south sides of the lands described herein has previously been vacated and is not open the public; and,

WHEREAS, it has been shown to the satisfaction of the Mobile City Council that MAWSS, CFF and ASPA are the only owners of lands abutting said right of way of Royal Street;

WHEREAS, MAWSS, CFF and ASPA desire to vacate said unopened right of way of Royal Street, have requested the City of Mobile to vacate same, and have provided notice of their request to vacate to all utility providers with utility lines or facilities within the area to be vacated in accordance with the Code of Alabama; provided, however, that entities with utility lines, equipment or facilities in place within said right of way at the time of vacation shall have the right to continue to access, maintain, extend, and enlarge their lines, equipment and facilities to the same extent as if the vacation had not occurred; and,

WHEREAS, MAWSS, CFF and ASPA have now submitted a request to the City of Mobile to vacate said unopened right of way of Royal Street more particularly described herein, being a public street lying with the city limits of the City of Mobile, Alabama, pursuant to Code Alabama § 23-4-20, as amended; and,

WHEREAS, all utility providers have issued their written consent to the aforesaid vacation; and,

WHEREAS, the said unopened right of way of Royal Street is not needed as a public right-of-way in the City of Mobile, Alabama, and the aforesaid vacation is in the public interest; and,

WHEREAS, no other property owners own any land within or abutting the areas affected this vacation and thus will not be denied means of ingress and egress to and from their property or be otherwise affected by the vacation of said right of way; and,

WHEREAS, the square footage of the area sought to be vacated and abutting tracts is as follows: 7,531 SF - area to be vacated; 11,665 SF - MAWSS tract; 13,136 SF - CFF tract; 8,098 SF - ASPA tract; and the current year assessed values as determined by the Mobile County Revenue Commissioner on all tracts that abut the right-of-way sought to be vacated are as follows: $5,620.00 - MAWSS tract; $7,460.00 - CFF tract; $933,720.00 - ASPA tract.

NOW, THEREFORE, the premises considered, BE IT RESOLVED by the City Council and. the City of Mobile, pursuant to § 23-4-20 of the Code of Alabama (1975), as amended, that following described right of way of Royal Street is hereby vacated:

Commencing at the northwest corner of the intersection of Water Street and Virginia Street; thence north 81 degrees, 38 minutes, 01 seconds west, along the north right of way line of Virginia Street (50 foot right of way Byrd Plat) a distance of 451.81 feet to the point of beginning of the property herein described; thence continue north 81 degrees, 38 minutes, 01 seconds west, 50.00 feet; thence departing said north right of way line north 7 degrees, 53 minutes, 02 seconds east, 144.00 feet; thence run along the arc of a curve to the right having a radius of 386.97 feet, an arc distance of 17.94 feet (the chord bears north 72 degrees, 21 minutes, 07 seconds east, and measures 17.94 feet); thence run south 81 degrees, 38 minutes, 01 seconds east, 33.82 feet; thence run south 7 degrees 53 minutes, 02 seconds west, 151.87 feet; to the point of beginning and containing 0.17 acres more or less. (7531 sq. ft.)

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

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

NOTICE OF HEARING TO CONSIDER VACATION OF A PORTION OF ROYAL STREET

Notice is hereby given that the Mobile City Council proposes to consider the adoption of a resolution assenting to the vacation of a portion of Royal Street where it intersects the north side of Virginia Street. The adoption of such resolution will be considered by the Mobile City Council on the 10th day of May, 2016, at 10:30 a.m., in the Mobile Government Plaza Auditorium, 205 Government Street. Any citizen alleging to be affected by the proposed vacation may submit a written objection or may speak at the public hearing.

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, 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:

APPROVE 2016 PAY-AS-YOU-GO ROAD MAINTENANCE CERTIFICATION. The following ordinance was introduced by Councilmember Richardson.

Ordinance: 01-022-2016

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City of Mobile, by and through its City Council, hereby approves the attached certification by the Mayor of the City of Mobile and as of the date of said certification, all roads listed for potential inclusion within the 2016 Pay-As-You-Go Transportation Program are maintained by the City of Mobile. A copy of said executed certification will be 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 tabled, which was seconded by Councilmember Rich, and the vote was as follows:

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

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

CONSENT RESOLUTIONS BEING INTROCUED

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Consent Resolutions 37-344 through 21-348. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR TES CONVENIENCE, 2957 OLD SHELL ROAD). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 37-344-2016

Sponsored by: Councilmember Richardson

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

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

Submitted by: TEAB, LLC

Location: TES Convenience
2957 Old Shell Road
Mobile, AL 36607

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

Ayes: Richardson, Manzie, Daves, 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 2916 GASLIGHT LANE SOUTH A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-345-2016

Sponsored by: Councilmember Rich and Mayor Stimpson

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 2916 Gaslight Lane South 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 2916 Gaslight Lane South described as:

COM AT SE COR OF CARRIAGE HILLS UNIT 8 MBK 27 P 81 RUN ALG SLY BD OF SD CARRIAGE HILLS UNIT 8 AS FOLL S 89 DEG 48 MIN 50 SEC W 10 FT S 61 DEG 55 MIN 40 SEC W 177.42 FT N 88 DEG 41

Parcel #: 02-33-03-08-10-03-046.01

Last assessed to: Carriage Hills Swim Club
5697 Travis Road
Mobile, AL 36619

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 Rich moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Daves, 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 # 1540. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 58-346-2016

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 #1540 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 21st 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 Daves, and the vote was as follows:

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

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

SUSPENSION OF THE RULES FOR IMMEDIATE CONSIDERATION OF CIP RESOLUTION 21-348 BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Consent Resolution 21-348. 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.

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH SUNSET CONTRACTING, INC. FOR BOLTON BRANCH CREEK CHANNEL REPAIRS, UNIVERSITY BOULEVARD TO AZALEA ROAD, $641,129.09 (2016 CIP, D5 #250, COM PROJECT NO. 2016-202-21; CO257). Following comments from Councilmember Daves, the following resolution was held over for one (1) week until the regular meeting of Tuesday, May 24, 2016.

RESOLUTION: 21-347-2016

Sponsored by: Councilmember Daves 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: Sunset Contracting, Inc.

Project name: Bolton Branch Creek Channel Repairs,
University Blvd to Azalea Rd;

COM project no. 2016-202-21

Estimated cost: $621,129.09

AUTHORIZE CONTRACT WITH THOMAS INDUSTRIES, INC. FOR HARMON RECREATION CENTER-GUTTERS AND DOWNSPOUTS, $12,850.00 (2016 CIP; PROJECT #94; D2; CO203). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 21-348-2016

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: Thomas Industries, Inc.

Project name: Harmon Recreation Center - Gutters and Downspouts

Project number: PR-026-16

Amount: $12,850.00

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

Ayes: Richardson, Manzie, 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 ADELTE PORTS & MARITIME S.L.U. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL-CORRECTIVE WORKS FOR THE ADELTE SEAPORT PASSENGER BOARDING BRIDGE (SPBB), $116,930.36 (D2; CT-017-16; CO259). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 24, 2016.

RESOLUTION: 21-349-2016

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: ADELTE Ports & Maritime S.L.U.

Project name: City of Mobile, Alabama Cruise Terminal
Corrective Works for the ADELTE Seaport Passenger
Boarding Bridge (SPBB)

Project number: CT-017-16

Amount: $116,930.36

AUTHORIZE A CONTRACT AMENDMENT TO THE SOLE SOURCE CONTRACT WITH LYTX, INC. (APPROVED JANUARY 21, 2014 FOR VIDEO RECORDERS FOR CITY VEHICLES) TO CORRECT WORDING (NO CHANGE OF TERMS). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 24, 2016.

RESOLUTION: 21-350-2016

Sponsored by: Mayor Stimpson

WHEREAS, on January 21, 2014 the City of Mobile ("City") executed an agreement between the City and Lytx, Inc., for video event recorders and Tier 1 services for those event recorders for city vehicles; and,

WHEREAS, the City, at the time the contract was executed, anticipated purchasing equipment and service packages at an estimated cost of $100,00.00 annually and included those costs in its budget; and,

WHEREAS, Section 1.d of the January 21, 2014 Agreement omitted the word "annually" from Section 14, such that the Agreement read, "The total value of this Agreement, including any additional Drive Cams and Tier 1 services for those Drive Cams, may not exceed $100,000."

NOW, THEREFORE, MAY IT BE RESOLVED that the Mayor of the City of Mobile is hereby authorized and directed to execute and the City Clerk is hereby authorized to attest, respectively, for and on behalf of the City, the amendment attached hereto and made a part of as though set forth in full, to the January 21, 2014 Agreement to insert the word "annually" in Section 1.d.

AUTHORIZE CONTRACT WITH SEXTON LAWN AND LANDSCAPE FOR CORE AERATION OF VARIOUS ATHLETIC PLAYING FIELDS IN CITY PARKS, $17,331.00 (BUDGET ITEM 10042012.41390; CITY-WIDE). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 24, 2016.

RESOLUTION: 21-351-2016

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 SEXTON LAWN AND LANDSCAPE in the amount of $17,331.00 per Athletic Playing Field Aeration from May 10, 2016 to September 15, 2016, 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 REB&L, LLC D/B/A TRU GREEN TO SPREAD LIME, FERTILIZER AND HERBICIDE ON VARIOUS ATHLETIC PLAYING FIELDS IN CITY PARKS, $48,180.00 (BUDGET ITEM 100442012.41390; CITY-WIDE). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 24, 2016.

RESOLUTION: 21-352-2016

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 REB&L, LLC d/b/a/ TRU GREEN in the amount of $48,180.18 to spread Lime, Fertilizer and Herbicide on Athletic Playing Fields from date of Council approval to September 15, 2016, 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 THOMPSON ENGINEERING, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL-MOORING HARDWARE REMEDIATION DESIGN SERVICES, $13,400.00 (D2; CT-017-16; CO259). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 24, 2016.

RESOLUTION: 21-353-2016

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
Mooring Hardware Remediation Design Services

Project number: CT-017-16

Amount: $13,400.00

AUTHORIZE THE CITY TO APPLY FOR AND RECEIVE THE TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT FOR SIDEWALKS ALONG BIT & SPUR ROAD, $148,190.35 (CITY MATCH-$37,047.59; TO BE PROVIDED BY THE VILLAGE OF SPRINGHILL). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 24, 2016.

RESOLUTION: 21-355-2016

Sponsored by: Councilmembers Gregory and Dave and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Traffic Engineering Director of the Traffic Engineering Department is authorized to make application to the South Alabama Regional Planning Commission for a grant under the Transportation Alternative Program (TAP).

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 SARPC or ALDOT.

BE IT FURTHER RESOLVED that The Village of Spring Hill (TVSH) will be constructing sidewalks along Bit & Spur Road between Old Shell & Wilkinson Way and will be responsible for the engineering ($13,685.45) and grant match money of 20% of construction costs ($185,237.94) if this grant is awarded by the city.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 804 DR. MARTIN LUTHER KING, JR. AVENUE (NORTHEAST CORNER OF DR. MARTIN LUTHER KING, JR. AVENUE AND MARMOTTE STREET, EXTENDING TO THE SOUTHEAST CORNER OF MARMOTTE STREET AND SHORT BLOODGOOD STREET) FROM R-3 AND B-4 TO R-2. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 41-354-2016

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 t


Search: