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 Jun 14, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, JUNE 14, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, June 14, 2016, at 9:00 a.m.

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

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

The Presiding Officer adjourned the meeting.

Approved:

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, JUNE 14, 2016

The Council of the City of Mobile, Alabama, met in the Multi-Purpose Room of the Mobile Government Plaza on Tuesday, June 14, 2016, at 10:30 a.m., in regular meeting.

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

Reverend Spencer Baggott, Mobile First Church of the Nazarene, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Councilmember Gregory asked everyone to remain standing for a moment of silence in memoriam of the victims of the tragic shooting in Orlando.

Present on Roll Call:

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

STATEMENT OF RULES BY COUNCIL PRESIDENT:

Councilmember Gregory expressed the condolences of the Council to the family of Michael Moore, the young man who was shot by a police officer on Monday evening.

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 June 7, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson recognized Mobile Police Officer Michael Motykiewicz as “Officer of the Month” for June, 2016.

Councilmember Gregory shared that on Sunday she helped welcome the 2016 Distinguished Young Women to Mobile.

Councilmember Gregory announced that ALDOT will hold a meeting tonight at the International Trade Club to discuss the possible closing of the Water Street on-ramp that leads to the Wallace Tunnel.

Mrs. D.H. Walton, Principal of Calloway-Smith Middle School, welcomed Councilmember Small back with a gift basket from the students. Mrs. Walton also introduced the Vigor High School Band and Mark Petteway who played in honor of Councilmember Small.

Distinguished Young Woman of the Year 2015 Maire Nakada thanked the Council for their support of the program.

Chief Barber gave an update on the officer involved shooting of Michael Moore. Chief Barber stated that four (4) parallel investigations are being conducted. Chief Barber conveyed he believes the investigations will lead to transparency and the truth.

Councilmembers Small, Richardson and Manzie requested an expeditious and thorough investigation into the incident.

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, Small, Daves, Rich and Gregory
Nays: None

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

APPEALS:

The Council considered the request of Patricia P. Beard for a waiver of the Noise Ordinance at 762 Marine Street on July 3 and 4, 2016, from 3:00 p.m. - 10:00 p.m. (District 3).

Councilmember Small moved that the waiver be held over for one (1) week which motion was seconded by Councilmember Rich, and the vote was as follows:

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

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

The Council considered the request of Patricia P. Beard for a waiver of the Noise Ordinance at 762 Marine Street on June 25, 2016, from 3:00 p.m. - 10:00 p.m. (District 3).

Councilmember Small moved that the waiver be held over for one (1) week which motion was seconded by Councilmember Rich, and the vote was as follows:

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

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

The Council considered the request of Terri Jones Pettway for a waiver of the Noise Ordinance at 5256 Marietta Drive South on July 2, 2016, from 3:00 p.m. - 8:00 p.m. (District 7).

Councilmember Small moved that the waiver be granted which motion was seconded by Councilmember Gregory, and the vote was as follows:

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

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

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 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 Presiding Officer announced that today was the day for the 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 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 FIX COSTS FOR DEMOLITION OF STRUCTURE AT 1050 CHINQUAPIN STREET, $1,100.00.

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition for structure at 1050 Chinquapin Street, $1,100.00 and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 1170 CHINQUAPIN STREET, $9,000.00.

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition for structure at 1170 Chinquapin Street, $1,100.00 and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 7238 NINTH STREET, $6,086.82.

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition for structure at 7238 Ninth Street, $6,086.82 and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 6454 TANNER STREET, $7,000.00.

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition for structure at 6454 Tanner Street, $7,000.00 and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 854 MARINE STREET, $7,152.96.

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition for structure at 854 Marine Street, $7,152.96 and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1056 PRESTON 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 1056 Preston 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 resolution 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:

Mr. D.J. Larry, a Mobile Fire Rescue Department employee and representative for the Moore family, implored all agencies involved to do their best to uncover the truth in the shooting death of Michael Moore and for citizens to allow the authorities to do their jobs. Mr. Larry asked that the Moore family be given sufficient notification of future meetings and discussions pertaining to the case so that they may have a representative present.

Mr. Timothy Hollis, 1924 Seal Street, suggested that more community initiatives would bring peace and productivity for children.

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

Mr. Mark White, White & Smith, LLC, addressed the Council regarding the General Land Use Plan, Major Street Plan, Zoning Ordinance and Subdivision Regulations that his firm will be consulting with the City.

RESOLUTIONS HELD OVER:

AUTHORIZE CONTRACT WITH S.C. STAGNER CONTRACTING, INC. FOR PUBLIC SAFETY MEMORIAL PARK-DOG PARK, $87,550.00 (D5; PR-108-15; CO074). The following resolution which was introduced and read at the regular meeting of Tuesday, June 7, 2016, and held over until the regular meeting of Tuesday, June 14, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-394-2016

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 though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of company: S. C. Stagner Contracting, Inc.

Project name: Public Safety Memorial Park - Dog Park

Project number: PR-108-15

Amount: $87,550.00

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

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

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

AUTHORIZE CONTRACT WITH FABRICATION SPECIALISTS, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS CASEWORK, $97,100.00 (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, June 7, 2016, and held over until the regular meeting of Tuesday, June 14, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-395-2016

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: Fabrication Specialists, Inc.

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

Project Number: CT-017-16

Amount: $97,100.00

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

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

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

AUTHORIZE CONTRACT WITH DELTA FLOORING, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS-CARPET, $115,599.00 (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, June 7, 2016, and held over until the regular meeting of Tuesday, June 14, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-396-2016

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: Delta Flooring, Inc.

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

Project number: CT-017-16

Amount: $115,599.00

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

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

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

AUTHORIZE CONTRACT WITH QUALITY COATINGS & DRYWALL, INC. FOR 200 GOVERNMENT STREET-EXTERIOR REPAIRS & COATING, $15,70.00 (D2; MX-138-16; CO126). The following resolution which was introduced and read at the regular meeting of Tuesday, June 7, 2016, and held over until the regular meeting of Tuesday, June 14, 2016 was called up by the Presiding Officer.


RESOLUTION: 21-397-2016

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: Quality Coatings & Drywall, Inc.

Project name: 200 Government Street - Exterior Repairs & Coating

Project number: MX-138-16

Amount: $15,700.00

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

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

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

ACCEPT 4 (FOUR) PERMANENT DRAINAGE EASEMENTS AND 1 (ONE) RIGHT OF ENTRY PERMIT NEEDED FOR CORONADO ESTATES DRAINAGE IMPROVEMENTS AND WOODLAND ROAD DRAINAGE PROJECT. The following resolution which was introduced and read at the regular meeting of Tuesday, June 7, 2016, and held over until the regular meeting of Tuesday, June 14, 2016 was called up by the Presiding Officer.

RESOLUTION: 25-398-2016

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the City hereby accepts the following 4 Permanent Drainage Easements as needed for the Coronado Estates Drainage Improvements Project # M5710-2136 and 1 Right of Entry as needed for the Woodland Road Drainage Project # 2016-202-10.

1. Permanent Drainage Easement from Davie A. and Carrie Johnson.
2. Permanent Drainage Easement from Jerry N. and Daschelle Finch.
3. Permanent Drainage Easement from Charles F. and Charline D. Byrd.
4. Permanent Drainage Easement from Annie Formwalt
5. Right of Entry Permit from Delance Paul Parnell

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

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

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

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

AUTHORIZE CONTRACT WITH KONE, INC. FOR ELEVATOR/ESCALATOR REPAIRS-MOBILE CONVENTION CENTER, $169,000.00 (D2; CN-129-16; CO261). The following resolution which was introduced and read at the regular meeting of Tuesday, June 7, 2016, and held over until the regular meeting of Tuesday, June 14, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-401-2016

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: KONE, Inc.

Project name: Elevator/Escalator Repairs - Mobile Convention Center

Project number: CN-129-16

Amount: $169,000.00

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

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

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

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 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 held over for one (1) week until the regular meeting of Tuesday, June 21, 2016.

ORDINANCE: 64-206-2016

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

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

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

BEGINNING AT THE NORTHWEST CORNER OF DR. MARTIN LUTHER KING, JR. AVENUE, RIGHT OF WAY BEING 60 FEET, AND BEAUREGARD STREET, RIGHT OF WAY BEING 120 FEET, THENCE RUN N 67°51'12" W, 197.54 FEET ALONG THE NORTH RIGHT OF WAY LINE OF SAID DR. MARTIN LUTHER KING, JR. AVENUE TO A POINT AT THE NORTHEAST CORNER OF SAID DR. MARTIN LUTHER KING, JR. AVENUE AND MARMOTTE STREET, RIGHT OF WAY VARIES; THENCE RUN N 06°07'20" E, 415.30 FEET ALONG THE EAST RIGHT OF WAY LINE OF SAID MARMOTTE STREET TO A POINT; THENCE RUN S 83°24'48" E, 4.98 FEET TO A POINT; THENCE RUN N 06°09'09"E, 82.10 FEET TO A POINT; THENCE RUN N 83°42'41" W, 5.27 FEET TO A POINT THENCE RUN N 06°05'05"E, 287.05 FEET TO A POINT ; THENCE RUN S 83°42'41" E, 5.27 FEET TO A POINT; THENCE RUN N 06°10'00' E, 126.30 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE DESCRIBED AS DELTA ANGLE = 106°57'11", RADIUS = 24.92 FEET AND TANGENT = 33.64 FEET; THENCE ALONG SAID CURVE, 46.51 FEET TO THE POINT OF TANGENT OF SAID CURVE. SAID POINT BEING ON TILE SOUTH RIGHT OF WAY LINE OF SHORT BLOODGOOD STREET, RIGHT OF WAY BEING 50 FEET, THEN RUN S 67°21'20"E, 88.83 FEET ALONG SAID SOUTH RIGHT OF WAY LINE OF SHORT BLOODGOOD STREET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, SAID CURVE DESCRIBED AS: DELTA ANGLE= 43°08'00" RADUUS = 362.23 FEET AND TANGENT = 143.17 FEET; THENCE ALONG SAID CURVE, 272.69 FEET AND ALONG SAID SOUTH RIGHT OF WAY LINE OF SHORT BLOODGOOD STREET TO A POINT; THENCE RUN S 07°50'45" E, 161.50 FEET TO A POINT; THENCE RUN S 24°19'15"W, 211.20 FEET TO A POINT; THENCE RUN S 12°59'44" W, 439.09 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID BEAUREGARD STREET, SAID POINT BEING ON A CURVE TO THE LEFT DESCRIBED AS; DELTA ANGLE = 27°07'49', RADIUS = 476.50 FEET AND PAGE 2 AN ORDINANCE TANGENT = 114.97 FEET; THENCE ALONG SAID CURVE, 225.63 FEET AND ALONG SAID NORTH RIGHT OF WAY LINE OF BEAURGARD STREET TO THE POINT OF BEGINNING, CONTAINING 7.35 ACRES, MORE OR LESS.

The classification of said property is hereby changed from R-3, Multiple-Family District, and B-4, General Business District, to R-2, Two-Family Residential 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 R-2, Two-Family Residential 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 R-2, Two-Family Residential District, until all of the conditions set forth below have been complied with: 1) Completion of the Subdivision process; and 2) Full compliance with all other municipal codes and ordinances.

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

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Consent Resolutions 37-402 – 60-411. The motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

CONSENT RESOLUTIONS BEING INTRODUCED:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR-CLASS I LICENSE FOR PAPARAZZI LOUNGE AND HOOKAH, 216 DAUPHIN STREET. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-402-2016

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 I

Submitted by: Nettles and Associates, Inc.

Location: Paparazzi Lounge and Hookah
216 Dauphin Street
Mobile, AL 36602

Councilmember Manzie then moved that the resolution be adopted, which move was seconded by Councilmember Richardson, and the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer declared the resolution adopted.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR-CLASS I LICENSE FOR THE HABERDASHER, 113 DAUPHIN STREET. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-403-2016

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 I License

Submitted by: Haberdasher, LLC

Location: The Haberdasher
113 Dauphin Street
Mobile, AL 36602

Councilmember Manzie then moved that the resolution be adopted, which move was seconded by Councilmember Richardson, and the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer declared the resolution adopted.

FIX COSTS FOR DEMOLITION OF STRUCTURE AT 1050 CHINQUAPIN STREET, $1,100.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 40-404-2016

A RESOLUTION FIXING THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 1050 CHINQUAPIN STREET

WHEREAS, notice has been duly given pursuant to Ordinance No. 11-085, adopted November 26, 2002, affording to all persons an opportunity to be heard concerning the fixing of cost for the demolition of structure at 1050 Chinquapin Street and the City Council of the City of Mobile having held such public hearing in connection therewith;

WHEREAS, an itemized report in writing has been made to the City Council of the City of Mobile showing the costs involved in the demolition of structure at 1050 Chinquapin Street to be $1,100.00 and the City Council, having received the report and heard all objections which have been raised by any of the interested parties liable to be assessed for the cost of the work, finds and determines that such costs are reasonable and in all respects should be confirmed;

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

Section 1. The amount of $1,100.00 shall constitute a special assessment against the property at 1050 Chinquapin Street and being that property more particularly described as follows:

1/2 INT INTO THE FOLL: LOT 8 IN SQ 44 OF FISHER TRT DBK 22 NS P 332 DESC AS BEG AT NW COR OF CHINQUAPIN & MONDAY STS RUN TH WLY ALG N/S OF CHINQUAPIN ST 50 FT TO PT TH RUN NLY & PAR WITH MONDAY ST 110 FT TO PT TH ELY & PAR WITH CHINQUAPIN ST 50 FT TO PT ON W/S OF MONDAY ST TH SLY ALG W/S OF MONDAY ST 110 FT TO POB #SEC 13 T45 R1W #MP29 06 13 0 002

Parcel #: 02-29-06-13-0-002-003

Last assessed to: Vergie M. Hollins
1050 Chinquapin Street
Mobile, AL 36603

and the assessment hereby made and confirmed shall constitute a lien on and against said parcel of land for the amount of the assessment so made, and the report made to this body of the costs for the demolition of structure upon said property is hereby in all respects confirmed.

Section 2. It is directed that a certified copy of this resolution shall be filed in the Office of the Judge of Probate of Mobile County, Alabama.

Councilmember Richardson then moved that the resolution be adopted, which move was seconded by Councilmember Small, and the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer declared the resolution adopted.

FIX COSTS FOR DEMOLITION OF STRUCTURE AT 1170 CHINQUAPIN STREET, $9,000.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 40-405-2016

A RESOLUTION FIXING THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 1170 CHINQUAPIN STREET

WHEREAS, notice has been duly given pursuant to Ordinance No. 11-085, adopted November 26, 2002, affording to all persons an opportunity to be heard concerning the fixing of cost for the demolition of structure at 1170 Chinquapin Street and the City Council of the City of Mobile having held such public hearing in connection therewith;

WHEREAS, an itemized report in writing has been made to the City Council of the City of Mobile showing the costs involved in the demolition of structure at 1170 Chinquapin Street to be $9,000.00 and the City Council, having received the report and heard all objections which have been raised by any of the interested parties liable to be assessed for the cost of the work, finds and determines that such costs are reasonable and in all respects should be confirmed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, as follows:

Section 1. The amount of $9,000.00 shall constitute a special assessment against the property at 1170 Chinquapin Street and being that property more particularly described as follows:

1 S 90 FT OF LOT 1 BLK 43 FISHER TRT DBK 22/332 #SEC 13 T45 R1W #MP29 06 13 0 002

Parcel #: 02-29-06-13-0-002-551

Last assessed to: Arthur A. Bryant (deceased)
2753 South Thompson Drive
Mobile, AL 36606

and the assessment hereby made and confirmed shall constitute a lien on and against said parcel of land for the amount of the assessment so made, and the report made to this body of the costs for the demolition of structure upon said property is hereby in all respects confirmed.

Section 2. It is directed that a certified copy of this resolution shall be filed in the Office of the Judge of Probate of Mobile County, Alabama.

Councilmember Richardson then moved that the resolution be adopted, which move was seconded by Councilmember Small, and the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer declared the resolution adopted.

FIX COSTS FOR DEMOLITION OF STRUCTURE AT 7238 NINTH STREET, $6,086.82. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 40-406-2016

A RESOLUTION FIXING THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 7238 NINTH STREET

WHEREAS, notice has been duly given pursuant to Ordinance No. 11-085, adopted November 26, 2002, affording to all persons an opportunity to be heard concerning the fixing of cost for the demolition of structure at 7238 Ninth Street and the City Council of the City of Mobile having held such public hearing in connection therewith;

WHEREAS, an itemized report in writing has been made to the City Council of the City of Mobile showing the costs involved in the demolition of structure at 7238 Ninth Street to be $6,086.82 and the City Council, having received the report and heard all objections which have been raised by any of the interested pates liable to be assessed for the cost of the work, finds and determines that such costs are reasonable and in all respects should be confirmed;

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

Section 1. The amount of $6,086.82 shall constitute a special assessment against the property at 7238 Ninth Street and being that property more particularly described as follows:

LOTS 19 & 20 BLK 19 MOBILE TERRACE DBK 156/540 #SEC 18 T4S R2W #MP28 04 18 1 003

Parcel #: 02-28-04-18-1-003-070

Last assessed to: Eddie B. Avery, Jr.
6102 South Aaron Drive
Mobile, AL 36608

and the assessment hereby made and confirmed shall constitute a lien on and against said parcel of land for the amount of the assessment so made, and the report made to this body of the costs for the demolition of structure upon said property is hereby in all respects confirmed.

Section 2. It is directed that a certified copy of this resolution shall be filed in the Office of the
Judge of Probate of Mobile County, Alabama.

Councilmember Richardson then moved that the resolution be adopted, which move was seconded by Councilmember Small, and the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer declared the resolution adopted.

FIX COSTS FOR DEMOLITION OF STRUCTURE AT 6454 TANNER STREET, $7,000.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 40-407-2016

A RESOLUTION FIXING THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 6454 TANNER STREET

WHEREAS, notice has been duly given pursuant to Ordinance No. 11-085, adopted November 26, 2002, affording to all persons an opportunity to be heard concerning the fixing of cost for the demolition of structure at 6454 Tanner Street and the City Council of the City of Mobile having held such public hearing in connection therewith;

WHEREAS, an itemized report in writing has been made to the City Council of the City of Mobile showing the costs involved in the demolition of structure at 6454 Tanner Street to be $7,000.00 and the City Council, having received the report and heard all objections which have been raised by any of the interested parties liable to be assessed for the cost of the work, finds and determines that such costs are reasonable and in all respects should be confirmed;

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

Section 1. The amount of $7,000.00 shall constitute a special assessment against the property at 6454 Tanner Street and being that property more particularly described as follows:

LOT 79 WEST PARK MANOR MBK 10 P 263 #SEC 08 T4S R2W #MP28 03 08 1 002

Parcel #: 02-28-03-08-1-002-012

Last assessed to: Margie A. Adams
6454 Tanner Street
Mobile, AL 36608

and the assessment hereby made and confirmed shall constitute a lien on and against said parcel of land for the amount of the assessment so made, and the report made to this body of the costs for the demolition of structure upon said property is hereby in all respects confirmed.

Section 2. It is directed that a certified copy of this resolution shall be filed in the Office of the Judge of Probate of Mobile County, Alabama.

Councilmember Richardson then moved that the resolution be adopted, which move was seconded by Councilmember Small, and the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer declared the resolution adopted.

FIX COSTS FOR DEMOLITION OF STRUCTURE AT 854 MARINE STREET, $7,152.96. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 40-408-2016

A RESOLUTION FIXING THE COSTS FOR THE DEMOLITION OF STRUCTURE AT 854 MARINE STREET

WHEREAS, notice has been duly given pursuant to Ordinance No. 11-085, adopted November 26, 2002, affording to all persons an opportunity to be heard concerning the fixing of cost for the demolition of structure at 854 Marine Street and the City Council of the City of Mobile having held such public hearing in connection therewith;

WHEREAS, an itemized report in writing has been made to the City Council of the City of Mobile showing the costs involved in the demolition of structure at 854 Marine Street to be $7,152.96 and the City Council, having received the report and heard all objections which have been raised by any of the interested parties liable to be assessed for the cost of the work, finds and determines that such costs are reasonable and in all respects should be confirmed;

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

Section 1. The amount of $7,152.96 shall constitute a special assessment against the property at 854 Marine Street and being that property more particularly described as follows:

LOT 3 BLK 4 WILSONS 2ND ADD DBK 80 PG 190 #SEC 37 T4S R1W #MP29 10 37 0 004

Parcel #: 02-29-10-37-0-004-028

Last assessed to: Elnora Nichols
c/o Carolyn Cox
4019 Gaylark Road North
Mobile, AL 36609

and the assessment hereby made and confirmed shall constitute a lien on and against said parcel of land for the amount of the assessment so made, and the report made to this body of the costs for the demolition of structure upon said property is hereby in all respects confirmed.

Section 2. It is directed that a certified copy of this resolution shall be filed in the Office of the Judge of Probate of Mobile County, Alabama.

Councilmember Richardson then moved that the resolution be adopted, which move was seconded by Councilmember Small, and the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer declared the resolution adopted.

DECLARE THE STRUCTURE AT 1056 PRESTON AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 40-409-2016

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1056 Preston 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 1056 Preston Avenue described as:

1/2 INT INTO THE FOLL: LOT 15 PRESTON S/D DBK 116 PG 181 #SEC 36 T4S R1W #MP29 11 36 0 002

Parcel #: 022911360002158.001.

Last assessed to: Deltha Mae Taplin
1600 Michigan Avenue, #407
Mobile, AL 36605

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.

Councilmember Richardson then moved that the resolution be adopted, which move was seconded by Councilmember Small, and the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer declared the resolution adopted.

DECLARE WEEDS NOXIOUS, GROUP # 1542. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 58-410-2016

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 #1542 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 19th day of July, 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.



Councilmember Manzie then moved that the resolution be adopted, which move was seconded by Councilmember Small, and the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer declared the resolution adopted.

APPROVE AWARD OF SPECIAL BONUS TO LAURANDA LOVE, RELYA MALLORY AND MARILYN MCMILLAN, AS PART OF THE MAYOR’S INCENTIVE PROGRAM, $500.00 EACH. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 60-411-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that upon nomination by City supervisors and recommendation of the Mayor through the City of Mobile's Employee Recognition Program, the City Council hereby authorizes, pursuant to Section 11-40-22, Code of Alabama 1975, awards of $500, or the designated amount, to each of the employees on the list attached hereto as Exhibit A.

These employees and sworn and civilian personnel are to be commended for their exemplary work performance or innovations that significantly reduce costs or result in outstanding improvements in services to the public.

Lauranda Love, Employee of the Month, June 2016

Relya Mallory, Employee of the Month, June 2016

Marilyn McMillan, Employee of the Month, June 2016

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

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

The vote was then announced whereupon the Presiding Officer declared the resolution adopted.

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolution 01-412. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE PROJECT DEVELOPMENT AGREEMENT WITH LEAF RIVER GROUP, LLC (MERIDIAN AT THE PORT). The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 01-412-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

A RESOLUTION AUTHORIZING A PROJECT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOBILE, ALABAMA AND LEAF RIVER GROUP, LLC

BE IT RESOLVED by the Mobile City Council (the "Council"), as governing body of the City of Mobile, Alabama (the “City"), as follows:
Section 1. The City Council, upon evidence duly presented to and considered by it, has found and determined, and does hereby find, determine and declare as follows:
(a) Pursuant to the applicable laws of the State of Alabama, the City and Leaf River Group, LLC, a Mississippi limited liability company (the “Company) have agreed to the terms of that certain Project Development Agreement to be dated the date of delivery (the "Project Development Agreement"), as set forth hereinafter, for the purposes referenced therein.
(b) The Project, as defined in the Project Development Agreement, is a mixed use development consisting of two hundred sixty-four multi-family units and amenities including approximately 230,000 square feet of heated space, with an initial capital investment of approximately $45,000,000.
(c) The City is authorized to do any of the actions or undertakings referenced in Section 94.01 of the Constitution of Alabama of 1901, as amended ("Section 94.01") and Chapter 99 of Title 11 (Section 11-99-1, et. seq. of the Code of Alabama (1901)) (the “TIF Statute”).
(d) The City is authorized under Section 94.01 and the TIF Statute to incur tax increment obligations in a principal amount not exceeding $4,500,000, provided that the principal of, and interest on, such obligations shall be payable out of the funds on deposit in the City’s tax increment fund (the “TIF Fund”) established for that certain Tax Increment Financing District Number One pursuant to Resolution 60-528, adopted by the City Council of the City on September 21, 1993.
(e) Pursuant to, and for the purposes of, Section 94.01, it is necessary, desirable and in the public interest for the City to provide financial incentives to the Company in the principal amount not to exceed $4,500,000.
(f) The expenditure of public funds on deposit in the TIF Fund for the purposes specified in the Project Development Agreement and in Section 1(d) will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities.
(g) (1) More than seven (7) days prior to April 5, 2016, the City caused to be published in the newspaper with the largest circulation in the City, the notice required by Section 94.01(c)(2).
(2) The information set forth in said notice is true and correct.
(3) Publication of said notice is hereby ratified and confirmed.
(h) On April 5, 2016, the Council held a public meeting at which time it considered the matters contained in said public notice. No person presented (orally or in writing) any objection to the action proposed. During said public meeting, the Council adopted Resolution 01-215, finding that the expenditure of the public funds as approved by the TIF Board in an amount not to exceed $4.5 million for reimbursement of expenses actually incurred and paid in support of the development of the Project will promote the economic development of the City and will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities.
(i) The expenditure of public funds as approved by the TIF Board and as contemplated by the Project Development Agreement, in an amount not to exceed $4.5 million for reimbursement of expenses actually incurred and paid in support of the Project, shall not be a general obligation of the City and shall be payable solely from the funds administered by the TIF Board. Pursuant to applicable Alabama law, including without limitation, Section 11-99-8(b), this limited obligation shall not be included in the computation of the constitutional debt limitation of the City because this obligation will not be secured by a pledge of the City’s full faith and credit.
Section 2. The Council does hereby approve, adopt, authorize, direct, ratify and confirm:
(a) The agreements, covenants, and undertakings of the City set forth in the Project Development Agreement,
(b) The terms and provisions of the Project Development Agreement, in substantially the form set forth as follows, with such changes thereto (by addition or deletion) as the Mayor shall approve (other than an increase in the amount of the City’s financial commitment, which must be approved by this Council), which approval shall be conclusively evidenced by execution and delivery of the Project Development Agreement as hereinafter provided.
Section 3. The Mayor is hereby authorized and directed to execute and deliver the Project Development Agreement for and on behalf of and in the name of the City. The Clerk is hereby authorized and directed to affix the official seal of the City to the Project Development Agreement and to attest the same.

Section 4. The Mayor and the officers of the City are each hereby authorized and directed to take all such actions, and execute, deliver and perform all such agreements, documents, instruments, notices, and petitions and proceedings, with respect to the Project Development Agreement, as the Mayor and such officers shall determine to be necessary or desirable to carry out the provisions of this resolution and order or the Project Development Agreement or duly and punctually observe and perform all agreements and obligations of the City under the Project Development Agreement.

Section 5. All prior actions taken, and agreements, documents or notices executed and delivered, by the Mayor or any officer or member of the City Council or other representative of the City, in connection with the agreements, covenants, and undertakings of the City hereby approved, or in connection with the preparation of the Project Development Agreement and the terms and provisions thereof, are hereby approved, ratified and confirmed.

Section 6. All resolutions, resolutions, orders, or parts of any thereof, of the City Council in conflict, or inconsistent, with any provision of this resolution and order hereby are, to the extent of such conflict or inconsistency, repealed.

Section 7. This resolution and order shall take effect immediately.

Councilmember Gregory then moved that the resolution be adopted, which move was seconded by Councilmember Riche, after comments from Councilmember Manzie, the vote was as follows:

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

The vote was then announced whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH PYROTECNICO FIREWORKS, INC. FOR THE FULY 4, 2016 FIREWORKS DISPLAY, $18,554.00. The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 21, 2016.

RESOLUTION: 21-413-2016

Sponsored by: Mayor Stimpson

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

AUTHORIZE CONTRACT WITH BFI WASTE SERVICES, LLC, D/B/A ALLIED WASTE SERVICES OF MOBILE/REPUBLIC TO PLACE, MAINTAIN AND OPERATE MULTIPLE COMPACTOR DUMPSTERS IN THE DOWNTOWN BUSINESS DISTRICT, $30,000.00 (ESTIMATED PER YEAR, DEPENDENT ON NUMBER AND USAGE) (D2). The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 21, 2016.

RESOLUTION: 21-414-2016

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 BFI WASTE SERVICES, LLC, d/b/a ALLIED WASTE SERVICES OF MOBILE/REPUBLIC in the amount of approximately $30,000 per year, for the rental, service, and support of contractor dumpsters, 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.

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH MCELHENNEY CONSTRUCTION COMPANY FOR MOBILE STREET SIDEWALKS (SPRINGHILL AVENUE TO NALL STREET) (D1; CIP 2016, #27; PROJECT NO. 2016-3005-31), $119,864.73. The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 21, 2016.

RESOLUTION: 21-415-2016

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 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: McElhenney Construction Co.

Project name: CIP 2016, #27, Mobile Street Sidewalks
(Springhill Avenue to Nall Street)

COM project no.: 2016-3005-31

Estimated cost: $119,864.73

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO RZONE PROPERTY AT 110 AND 120 VIRGINIA STREET (NORTH SIDE OF VIRGINIA STREET AT THE NORTH TERMINUS OF EZRA TRICE BOULEVARD) FROM R-1 AND I-2 TO I-2. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 41-416-2016

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 OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 12th day of July, 2016, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property. This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 14th day of June, 2016.

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

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

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

COMMENCING AT THE NORTHWEST CORNER OF THE INTERSECTION OF WATER STREET AND VIRGINIA STREET; THENCE NORTH 81°38'01" WEST, ALONG THE NORTH RIGHT OF WAY LINE OF VIRGINIA STREET (50 FOOT RIGHT OF WAY BYRD PLAT) A DISTANCE OF 575.01 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUE NORTH 81°38'01" WEST, 281.71 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 386.97 FEET, AN ARC DISTANCE OF 231.24 FEET (THE CHORD BEARS NORTH 56°33'40" EAST, AND MEASURES 227.81 FEET); THENCE RUN SOUTH 81038'011 EAST, 110.62 FEET; THENCE RUN SOUTH 7°53'02" WEST, 151.87 FEET; TO THE POINT OF BEGINNING AND CONTAINING 0.744 ACRES MORE OR LESS. (32406 sq ft.).

The classification of said property is hereby changed from R-1, Single-Family Residential District, and 1-2, Heavy Industry District to, 1-2, Heavy Industry District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a 1-2 Heavy Industry 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 1-2, Heavy Industry District, until all of the conditions set forth below have been complied with: 1) compliance with Engineering comments: "1. Any work performed in the existing ROW (right-of-way) such as driveways, sidewalks, utility connections, grading, drainage, irrigation, or landscaping will require a ROW permit firm the City of Mobile Engineering Department (208-6070) and must comply with the City of Mobile Right-of-Way Construction and Administration Ordinance (Mobile City Code, Chapter 57, Article VIII). 2. A Land Disturbance Permit application shall be submitted for any proposed land disturbing activity with the property. A complete set of construction plans including, but not limited to, drainage, utilities, grading, storm water detention systems, paving, and all above ground structures, will need to be included with the Land Disturbance permit This Permit must be submitted, approved, and issued prior to beginning any of the construction work 3. Any and all proposed land disturbing activity within the property will need to be submitted for review and be in conformance with Mobile City Code, Chapter 17, Storm Water Management and Flood Control); the City of Mobile, Alabama Flood Plain Management Plan (1984); and, the Rules For Erosion and Sedimentation Control' and Storm Water Runoff Control. 4. The approval of all applicable federal, state, and local agencies (including all storm water runoff, wetland and floodplain requirements) will be required prior to the issuance of a Land Disturbance permit. The Owner/Developer is responsible for acquiring all of the necessary permits and approvals. 5.The proposed development must comply with all Engineering Department design requirements and Policy Letters."; 2) completion of the Subdivision process; and 3) full compliance with all municipal codes and ordinances.

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

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

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

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

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 100 NORTH FLORIDA STREET AND 2518, 2524, 2534, 2536 AND 2540 OLD SHELL ROAD (NORTHEAST CORNER OF NORTH FLORIDA STREET AND OLD SHELL ROAD, EXTENDING TO THE SOUTH SIDE OF EDDINGTON DRIVE SOUTH), FROM R-1 AND B-2 TO B-2. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 41-417-2016

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE ALABAMA, that the City Clerk be, 4nd 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 OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 12th day of July, 2016, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property. This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 14th day of June, 2016.

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

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

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

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN TOWNSHIP 4S, RANGE 1W, SECTION 17 IN PART OF WILLIAM EDINGTON PLACE SUBDIVISION, PART OF JACKSON PLACE SUBDIVISION AND ASHLAND STATION CITY OF MOBILE, MOBILE COUNTY, ALABAMA CAN BE MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION FORMED BY THE EASTERLY II, RIGHT-OF-WAY OF NORTH FLORIDA STREET (50 FOOT RIGHT-OF-WAY) AND SOUTHERLY RIGHT-OF-WAY OF SOUTH EDINGTON DRIVE (50 FOOT SIGHT-OF-WAY) PROCEED ALONG THE SOUTHERLY RIGHT-OFWAY OF SOUTH EDINGTON DRIVE SOUTH 84°34'39" EAST A DISTANCE OF 302.3 FEET TO A ONE AND A HALF INCH OPEN TOP PIPE; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY OF SOUTH EDINGTON DRIVE RUNNING ALONG A LINE COMMON TO THE JEFFREY A PLASKETT PROPERTY SOUTH 84°34'49" EAST A DISTANCE OF 132.50 FEET TO AN IRON PIN SET; THENCE ALONG A LINE COMMON WITH WILLIAM EDINGTON PLACE SUBDIVISION SOUTH 05°38'23" WEST A DISTANCE OF 350.25 FEET TO AN IRON PIN SET; THENCE ALONG A LINE COMMON WITH THE SHELDON PARRISH TATUM PROPERTY SOUTH 58°20'221' EAST A DISTANCE OF 109.62 FEET TO A ONE INCH OPEN TOP PIPE; THENCE ALONG A LINE COMMON WITH KATHERINE E SIMON PROPERTY SOUTH 54°17'34" EAST A DISTANCE OF 43.60 FEET TO A ONE INCH CRIMPED TOP PIPE; THENCE SOUTH 9°12'22" WEST A DISTANCE OF 44.98 FEET TO A ONE INCH REBAR FOUND; THENCE SOUTH 85°35'13" EAST A DISTANCE OF 84.07 FEET TO A HALF INCH OPEN TOP PIPE; THENCE NORTH 12°33'46" EAST A DISTANCE OF 6.57 FEET TO A 5/8 INCH REBAR THENCE ALONG A LINE COMMON WITH THE ROBERT HENDERSON PROPERTY SOUTH 55°44'23" EAST A DISTANCE OF 81 23 FEET TO A ONE INCH OPEN TOP PIPE; THENCE SOUTH 79°48'44" WEST A PAGE 2 AN ORDINANCE DISTANCE 61.10 FEET TO A POINT


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