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 Jul 12, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 12, 2016

The Council of the City of Mobile, Alabama, met in the City Council’s Conference Room on the 9th floor of the Mobile Government Plaza on Tuesday, July 12, 2016, at 9:00 a.m.

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

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, JULY 12, 2016

The Council of the City of Mobile, Alabama, met in the Ceremonial Court Room of the Mobile Government Plaza on Tuesday, July 12, 2016, at 10:30 a.m., in regular meeting.

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

Pastor Sandy A. McQueen, Truevine Baptist Church Family, Inc. 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 Village of Spring Hill Vice President Sissy Hungerford.

Present on Roll Call:

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

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and that there will be no hats, hoods, sunglasses or large bags permitted in the meeting room.

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 4 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 meetings of July 5, 2016, were approved as submitted.

Ten Sixty Five Music Festival official mascot “Party Animal” made an appearance to announce the second year for the event.

COMMUNICATIONS FROM THE MAYOR:

ADOPTION OF THE AGENDA:

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

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

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

APPEALS:

The Council considered the request of Kurt Spencer for a waiver of the Noise Ordinance at 724 Holcombe Avenue on July 24, 2016, from 2:00 p.m. - 9:30 p.m. (District 2).

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

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

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

The Council considered the request of Gloria Sullivan for a waiver of the Noise Ordinance at 82 Burtonwood Drive on August 27, 2016, from 2:00 p.m. – 10:00 p.m. (District 7).

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

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

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

The Council considered the request of Johnnie Robinson for a waiver of the Noise Ordinance at 4841 Le Sure Road on July 15 and 16, 2016, from 7:00 p.m. – 1:00 a.m. (District 7).

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

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

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

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 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 Presiding Officer announced that today was the day for the public hearing to rezone property at 100 North Florida Street and 2518, 2524, 2534, 2536 and 2540 Old Shell Road from R-1 and B-2 to B-2 and asked if there was anyone present to speak for or against this matter.

Spoke in favor:
Casey Pipes, 2255 Ashland Place

Citizens making comments:
Janet Burns (speaking for herself and on behalf of Richard and Mara Hunter),
210 Eddington Drive
Betsy Swinson, 151 Grand Boulevard
Ashley Dukes, 1855 Dauphin Street, spoke representing the “Midtown Mobile Movement”
Ryan Hedlund, 161 Grand Boulevard

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 REZONE 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 Presiding Officer announced that today was the day for the public hearing to rezone property at 110 and 120 Virginia Street from R-1 and I-2 to I-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 resolution authorizing the proper action would be introduced later in the meeting.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

Spoke in favor of Ordinance 09-031:
Nancy Swan, 582 Summerlake Drive, East
Pastor Kenneth Glasgow, Dothan, Alabama
Reverend, Doctor Clinton L. Johnson, Sr., 1101 Dunaway Drive
Reverend Cleveland McFarland, Jr., 1525 West Carlisle Drive
Timothy Hollis, 1924 Seale Street
Senator Vivian Davis Figures, 2054 Clemente Court
D.J. Larry, 7005 7005 Inverness Court
Adrian Orsborn Matthews, address withheld

Spoke in opposition of Ordinance 09-031:
Forest Wood, 2116 Wildwood Place

Irene Antone, 2202 Clinton Street, spoke regarding resolution 09-459

NON-AGENDA ITEMS:

Corrina Luce, 561 St. Francis Street gave the Council information about the Delta Bike Project.

ORDINANCES HELD OVER:

REZONE PROPERTY AT 2751 AND 2752 MCKINNEY STREET, 521 BAY SHORE AVENUE, 1519 AND 2810 MILL STREET (WEST TERMINUS OF MCKINNEY STREET EXTENDING TO MILL STREET) FROM B-2 AND I-1 TO I-1. The following ordinance, which was introduced and read at the regular meeting of Tuesday, July 5, 2016, and held over until the regular meeting of Tuesday, July 12, 2016, was called up by the Presiding Officer.

ORDINANCE: 64-029-2016

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:

COMMENCING AT THE SOUTHEAST CORNER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 1 WEST, MOBILE COUNTY, ALABAMA, RUN NORTH 00°- 13'-29" WEST 61.0 FEET; THENCE SOUTH 89°-46'-31" WEST 21.0 FEET THENCE NORTH 03°-35'-20" EAST, 202.14 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE NORTH 89°-59'-00" WEST, 481.04 FEET; THENCE ALONG THE NORTHERN RIGHTOF - WAY LINE OF MILL STREET AS FOLLOWS: NORTH 000-33'-00" EAST, 23.23 FEET; NORTH 89°-27'-00" WEST, 62.5 FEET; NORTH 000-33'-O0" EAST, 32.5 FEET: NORTH 89°-27'-00" WEST, 96.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE RUN NORTH 00°-41'-00" EAST ALONG THE EAST LINE OF LOT 83 NEESE'S SECOND ADDITION TO CRICHTON AS RECORDED IN MAP BOOK 5 PAGE 326, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA, A DISTANCE OF 176.4 FEET; THENCE SOUTH 89°-56'-45" EAST, THENCE NORTH 89°-50'-03" WEST ALONG THE NORTH LINE OF LOTS 86, 85, AND 84, SAID NEESE'S ADDITION, A DISTANCE OF 153.09 FEET; THENCE SOUTH 00°-20'-17" WEST ALONG THE EAST LINE OF LOT 83, SAID NEESE'S ADDITION, A DISTANCE OF 181.31 FEET; THENCE NORTH 89°-48'-18" WEST ALONG THE NORTH RIGHT-OFWAY LINE OF SAID MILL STREET (50 FOOT RIGHT-OF-WAY) A DISTANCE OF 54.38 FEET; THENCE LEAVING SAID RIGHT-OF-WAY RUN NORTH 00°-06'-35" WEST ALONG THE WEST LINE OF SAID LOT 83 AND THE EAST LINE OF LOT 3-A, ZIEMAN PARK AS RECORDED IN MAP BOOK 50, PAGE 29, SAID PROBATE COURT RECORDS, A DISTANCE OF 181.29 FEET; THENCE NORTH 00°-05'-45" WEST ALONG SAID EAST LINE OF LOT 3-A, A DISTANCE OF 372.74 FEET; THENCE NORTH 89°-54'-07" EAST ALONG THE SOUTH LINE OF LOT 1, GENTRY COMMERCIAL PARK AS RECORDED IN MAP BOOK 32, PAGE 95, SAID PROBATE COURT RECORDS A DISTANCE OF 690.55 FEET; THENCE SOUTH 14°-45'-21" EAST ALONG THE WEST RIGHT-OF-WAY LINE OF ILLINOIS CENTRAL GULF PAGE 2 AN ORDINANCE RAILRAOD (30 FOOT RIGHT-OF-WAY) A DISTANCE OF 210.05 FEET; THENCE SOUTH 89°-19'-21" EAST, 31 12 FEET; THENCE SOUTH 14°-45'-21" EAST, 26.52 FEET; THENCE SOUTH 85°-17'-25" EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF MCKINNEY STREET (50 FOOT RIGHT-OF-WAY) A DISTANCE OF 84.70 FEET; THENCE SOUTH 03°44'05" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF FERRELL STREET (50 FOOT RIGHT-OFWAY) A DISTANCE OF 372.79 FEET THE POINT OF BEGINNING.

The classification of said property is hereby changed from B-2, Neighborhood Business District, and I-1, Light- Industry District, to I-1, Light-Industry District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a I-1, Light-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 1-1, Light-Industry 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 municipal codes and ordinances.

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

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

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

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

REZONE PROPERTY AT 1114 CAROLINE AVENUE AND 1111 DAUPHIN STREET (NORTH SIDE OF CAROLINE AVENUE, 205 ± WEST OF SOUTH HALLETT STREET, EXTENDING TO THE SOUTH SIDE OF DAUHPIN STREET, 205 ± WEST OF SOUTH HALLETT STREET) FROM B-1 TO R-1 AND B-1. The following ordinance, which was introduced and read at the regular meeting of Tuesday, July 5, 2016, and held over until the regular meeting of Tuesday, July 12, 2016, was called up by the Presiding Officer.

ORDINANCE: 64-030-2016

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:

COMMENCING AT THE SOUTHWEST CORNER OF DAUPHIN STREET (A 60 FOOT RIGHT OF WAY) AND HALLETT STREET (A 50 FOOT RIGHT OF WAY) THENCE RUN SOUTH 85°29'14" WEST ALONG THE SOUTH LINE OF SAID DAUPHIN STREET 203.41 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE RUN SOUTH 03°36'07" WEST 144.17 FEET TO A POINT; THENCE RUN SOUTH 87°12'57"EAST 47.89 FEET TO A POINT; THENCE RUN SOUTH 05°09'11" WEST 93.59 FEET TO A POINT THENCE RUN NORTH 87°47'51" EAST 50.82 FEET TO A POINT; THENCE RUN SOUTH 05°59'53" WEST 85.78 FEET TO A POINT THENCE RUN SOUTH 86°24'47" WEST 104.26 FEET TO A POINT; THENCE RUN SOUTH 04°11'08" WEST 134.03 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF CAROLINE AVENUE (A 50 FOOT RIGHT OF WAY); THENCE RUN SOUTH 87°10'47" WEST ALONG THE SAID NORTH RIGHT OF WAY LINE OF CAROLINE AVENUE 51.57 FEET TO A POINT; THENCE RUN SOUTH 85°54'52" WEST ALONG THE SAID NORTH RIGHT OF WAY LINE OF CAROLINE AVENUE 67.49 FEET TO A POINT; THENCE RUN NORTH 05°46'50" EAST 114.48 FEET TO A POINT; THENCE RUN NORTH 84°33'57" WEST 2.13 FEET TO A POINT; THENCE RUN NORTH 04°40'41" EAST 347.69 FEET TO A POINT ON THE SAID SOUTH RIGHT OF WAY LINE OF DAUPHIN STREET; THENCE RUN NORTH 85°29'14" EAST ALONG THE SAID SOUTH LINE OF DAUPHIN STREET 123.09 FEET TO THE POINT OF BEGINNING; CONTAINS 1.59 ACRES.

The classification of said property is hereby changed from B-1, Buffer-Business District, to R-1, Single-Family Residential District, and B-1, Buffer-Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a R-I, Single-Family Residential District, and B-1, Buffer-Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a R-1, Single-Family Residential District, and B-1, Buffer-Business 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 municipal codes and ordinances.

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

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

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

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

RESOLUTIONS HELD OVER:

APPROVE THE APPLICATION OF TRACELL LOCKETT HILL D/B/A HARMONY TRANSPORTATION (H & T) FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A SHUTTLE SERVICE. The following resolution, which was introduced and read at the regular meeting of Tuesday, July 5, 2016, and held over until the regular meeting of Tuesday, July 12, 2016, was called up by the Presiding Officer.

RESOLUTION: 37-449-2016

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of Tracell Lockett Hill d/b/a Harmony Transportation (H & T) for a Certificate of Public Convenience and Necessity for a shuttle service is hereby approved. A copy of said application is on file in the office of the City Clerk.

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

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

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

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

Councilmember Rich moved for the suspension of the rules for the immediate consideration of Ordinance 09-031. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

ORDINANCES BEING INTRODUCED:

ESTABLISH A POLICE CITIZENS COMMUNITY RELATIONS ADVISORY COUNCIL.

ORDINANCE: 09-031-2016

AN ORDINANCE TO CREATE AND ESTABLISH A POLICE CITIZENS COMMUNITY RELATIONS ADVISORY COUNCIL

WHEREAS, there is significant community interest in improving relationships between the community at large and the Mobile Police Department; and,

WHEREAS, the citizen community is a critical resource in improving the Police Department's community relationships; and,

WHEREAS, enhancing community relationships and community outreach efforts will promote community confidence in the Police Department and the law enforcement officers that serve this community and will facilitate community relationships necessary to promote public safety; and,

WHEREAS, to achieve greater improvement in community relationships and to further promote public safety, the Council desires to create and establish a citizens' advisory council.

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

SECTION ONE. There is hereby created and established a citizens' advisory council to be known as the Mobile Police Citizens Community Relations Advisory Council. This Council will exist with the purpose of promoting the concept that citizens, communities, and the police have a common goal. This goal is the maintenance of law and order, reduction of crime, and the protection of the community. This Council is Intended to work to promote the relationships and understandings necessary to effectively attain this purpose.

SECTION TWO. The Council shall have the following purposes:

(A). To promote and encourage open communications and cooperation between the Mobile Police Department and the citizens of Mobile.

(B). To develop and make recommendations directed toward informing the community of its rights and responsibilities when coming into contact with police officers.

(C). To provide an effective means of community participation for citizens to recommend and review policies, practices and programs designed to make law enforcement sensitive, effective and responsive to the needs of the citizens of Mobile. The Council is expected to provide a community perspective concerning policies, practices, programs, and the effectiveness of police services and relations.

(D). To actively encourage and foster citizen participation in crime prevention activities.

(E). To promote productive police and community interaction by assisting the police in achieving a greater understanding of the nature and causes of complex community problems in the areas of diversity and human relations.

(F). To provide an effective organization that will address the concerns of the community by promoting cooperative citizen-police programs and approaches to the solutions of community crime. The Council is expected to advocate the principle that the administration of justice requires total community involvement and personal responsibility.

(G). To recommend procedures, programs, or legislation to improve the efficiency and effectiveness of the Police Department and to enhance relations among citizens of the community and the police.

(H). To keep the City Council apprised of actions taken by the Police Department which create community concern or controversy, and to make recommendations to the City Council on actions that can be taken to improve relations between the police and the community.

(I). To strengthen bonds between the Police Department and the community, thereby ensuring equal protection and service for all citizens.

(J). To hold public meetings from time to time to solicit public input concerning policies, practices, programs, and the effectiveness of police services and relations.

(K). To serve, as necessary, as a liaison between the police department and the community.

SECTION THREE. The Council shall be comprised of seven members appointed by the City Council. All nominees shall be placed on the Council Agenda for approval. No member of the City Council shall be appointed to or shall serve on this Council in any capacity.

SECTION FOUR. Members of the Council must have the following qualifications:

(A). They must be resident citizens of the City of Mobile.

(B). They must be concerned about police and community relations, be sensitive to community needs and perceptions, and have a willingness to commit themselves to community service and conduct themselves in a manner consistent with this Council's purpose.

(C). They must have a commitment to seek input from the community and to apply this input to further the purposes of the Council.

(D). They may not be employed by the City of Mobile.

SECTION FIVE. The members of the Council first appointed shall serve a term that will expire on November 1, 2017. Thereafter, members of the Council shall serve for terms of two (2) years. A member of the Council may be removed with or without cause by the Council. Vacancies for any reason shall be filled in the same manner as their appointment, and such appointments shall be for the unexpired term of the member replaced.

SECTION SIX. Members of the Council shall serve without compensation.

SECTION SEVEN. The Council shall elect a Chair and a Vice-Chair from among the members of the Council. Such officers shall be elected for a term of one (1) year. The Chair shall preside over meetings of the Council, shall represent the Council before the City Council, and shall otherwise serve to facilitate the business of the Council. The Chair shall use Roberts Rules of Order as a guide for the conduct of all meetings of the Council. The Chair shall have a vote on all matters coming before the Council. The Vice-Chair shall exercise such duties in the absence of the Chair.

SECTION EIGHT. All meetings of the Council shall be open to the public, and the Council shall conduct its meetings in accordance with the Alabama Open Meetings Act.

SECTION NINE. A majority of the total membership of the Council shall constitute a quorum, and a quorum shall be required in order for the Council to conduct business.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be held over for one (1) month until the regular meeting of Tuesday, August 9, 2016, which was seconded by Councilmember Small, and the vote was as follows:

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

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

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 ordinance was held over for one (1) week until the regular meeting of Tuesday, July 19, 2016.

ORDINANCE: 64-032-2016

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 45, 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 RIGHT-OF-WAY OF NORTH FLORIDA STREET (50 FOOT RIGHT-OF-WAY) AND SOUTHERLY RIGHT-OF-WAY OF SOUTH EDINGTON DRIVE (50 FOOT RIGHT-OF-WAY) PROCEED ALONG THE SOUTHERLY RIGHT-OFWAY OF SOUTH EDINGTON DRIVE SOUTH 84°34'39" EAST A DISTANCE OF 302.73 FEET TO A ONE AND A HALF INCH OPEN TOP PIPE; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY OF SOUTH EDDINGTON 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 35015 FEET TO AN IRON PIN SET; THENCE ALONG A LINE COMMON WITH THE SHELDON PARRISH TATUM PROPERTY SOUTH 58°20'22" 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 FOUND; 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 DISTANCE 61.10 FEET TO A POINT ON THE WESTERLY LINE OF A 20 FOOT ALLEY; THENCE CONTINUING ALONG THE WESTERLY LINE OF A 20 FOOT ALLEY ALONG A LINE COMMON WITH JACKSON PLACE, LOT 12, SOUTH 10°11'16" WEST A DISTANCE OF 134.38 FEET TO AN IRON PIN SET; THENCE CONTINUING ALONG THE WESTERLY LINE OF A 20 FOOT ALLEY SOUTH 9°13'54" WEST A DISTANCE OF 234.00 FEET TO AN IRON PIN SET; THENCE DEPARTING THE WESTERLY LINE OF A 20 FOOT ALLEY ALONG A LINE COMMON TO EPKER & AND HASSELL LLC NORTH 80°23'47" WEST A DISTANCE OF 57.49 FEET TO AN IRON PIN SET; THENCE NORTH 14°07'30" EAST A DISTANCE OF 30.87 FEET TO AN IRON PIN SET; THENCE NORTH 8°10'19" EAST A DISTANCE OF 99.65 FEET TO AN IRON PIN SET; THENCE NORTH 81°31'59" WEST A DISTANCE OF 105.48 FEET TO AN IRON PIN SET; THENCE SOUTH 36°08'43" WEST A DISTANCE OF 34.10 FEET TO AN IRON PIN SET; THENCE NORTH 54°58'08" WEST A DISTANCE OF 63.64 FEET TO AN IRON PIN SET; THENCE SOUTH 08°25'59" WEST A DISTANCE OF 52.19 FEET TO AN IRON PIN SET; THENCE NORTH 53°30'01" WEST A DISTANCE OF 81.15 FEET TO A ONE AND A HALF INCH OPEN TOP PIPE; THENCE NORTH 53°47'21" WEST A DISTANCE OF 50.09 FEET TO AN INCH AND A HALF OPEN TOP PIPE; THENCE ALONG A LINE COMMON WITH WAITE'S MEDICAL SOUTH 35°39'19" WEST A DISTANCE OF 172.12 FEET TO AN IRON PIN SET ON THE NORTHWESTERLY RIGHT-OF-WAY OF OLD SHELL ROAD (VARIABLE RIGHT-OF-WAY); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 54°50'08" WEST A DISTANCE 233.66 FEET TO AN IRON PIN SET; THENCE DEPARTING SAID RIGHT-OF-WAY AND CONTINUING ALONG A LINE COMMON WITH ASHLAND STATION LLC NORTH 36°18'20" EAST A DISTANCE OF 175.43 FEET TO AN IRON PIN SET; THENCE NORTH 54°01'22" WEST A DISTANCE OF 5.57 FEET TO POINT; THENCE NORTH 64°05'28" WEST A DISTANCE OF 92.20 FEET TO AN IRON PIN SET; THENCE NORTH 84°35'43" WEST A DISTANCE OF 125.00 FEET TO AN IRON PIN SET THE EASTERLY RIGHT-OF-WAY OF NORTH FLORIDA STREET (50' RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY NORTH 5°24'17" EAST A DISTANCE OF 559.00 FEET TO AN IRON PIN SET AT THE INTERSECTION FORMED BY THE EASTERLY RIGHT-OF-WAY OF NORTH FLORIDA STREET (50' RIGHT-OF-WAY) AND THE SOUTHERLY RIGHT-OF-WAY OF SOUTH EDINGTON DRIVE (50' RIGHT-OF-WAY) AND THE POINT OF BEGINNING. SAID TRACT OR PARCEL CONTAINS AN AREA OF 415,844 SQUARE FEET OR 9.546 ACRES.

The classification of said property is hereby changed from R-1, Single-Family Residential District, and B-2, Neighborhood Business District, to B-2, Neighborhood Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-2, Neighborhood Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-2, Neighborhood Business District until all of the conditions set forth below have been complied with: 1) Development limited to an approved PUD; 2) Subject to the Voluntary Use Restrictions submitted with the application; 3) Completion of the Subdivision process prior to the issuance of permits for building construction; and 4) Full compliance with all municipal codes and ordinances.

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

REZONE 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 ordinance was held over for one (1) week until the regular meeting of Tuesday, July 19, 2016.

ORDINANCE: 64-033-2016

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:

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 375.01 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 81°38'01" 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 from 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, Ankle 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. 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 publication.

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

Councilmember Williams moved for the suspension of the rules for the immediate consideration of Resolutions 37-450 – 60-456. The motion was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Manzie, Small, Williams, 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 RETAIL COMMON CARRIER LICENSE FOR CARNIVAL CRUISE LINES, 201 SOUTH WATER STREET. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-450-2016

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: Retail Common Carrier License

Submitted by: Carnival Corporation

Location: Carnival Cruise Lines
201 South Water Street
Mobile, AL 36602

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (ON/OFF PREMISES) LICENSE FOR NEWK’S EATERY, 135 SATCHEL PAIGE DRIVE, SUITE C-106. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-451-2016

Sponsored by: Councilmember Williams

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

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

Submitted by: Newco Dining, LLC

Location: Newk's Eatery
1335 Satchel Paige Drive, Suite C-106
Mobile, AL 36606

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (ON/OFF PREMISES) LICENSE FOR NEWK’S EATERY, 7440 AIRPORT BOULEVARD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-452-2016

Sponsored by: Councilmember Gregory

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 (On/Off Premises) License

Submitted by: Newco Dining, LLC

Location: Newk's Eatery
7440 Airport Boulevard
Mobile, AL 36608

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

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

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

DECLARE WEEDS NOXIOUS, GROUP # 1543. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-453-2016

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 #1543 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 16th day of August. 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 Daves moved that the resolution be adopted, which was seconded by Councilmember Small, and the vote was as follows:

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

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

DECLARE WEEDS NOXIOUS, GROUP # 1544. The following resolution was introduced by Councilmember Daves.

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 #1544 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 16th day of August 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 Daves moved that the resolution be adopted, which was seconded by Councilmember Small, and the vote was as follows:

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

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

ADOPT THE TITLE VI UPDATE FOR THE CITY OF MOBILE PARKS AND RECREATION DEPARTMENT AND THE WAVE TRANSIT SYSTEM. The following resolution was introduced by Councilmember Small.

RESOLUTION: 60-455-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA hereby adopts the Title VI Update for the City of Mobile Parks and Recreation Department and the Wave Transit System. A copy of the said Title VI Update is attached hereto and made a part hereof as though set forth in full.

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

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

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

APPROVE AWARD OF SPECIAL BONUS TO JOHN PAINE AND ANNE FOLEY, AS PART OF THE MAYOR’S INCENTIVE PROGRAM, $500.00 EACH. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 60-456-2016

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.

Foley, Anne Employee of the Month June, 2016
Paine, John Employee of the Month June, 2016

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

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

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

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH AEIKER CONSTRUCTION CORPORATION FOR MILL STREET PARK-PAVILLION AND SITE IMPROVEMENTS, $90,000.00 (CO169; 2016 CIP PROJECT #409; D1 PR-084-16). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 19, 2016.

RESOLUTION: 21-457-2016

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: Aeiker Construction Corporation

Project name: Mill Street Park - Pavilion and Site Improvements

Project number PR-084-16

Amount: $90,000.00

AUTHORIZE CONTRACT WITH C & H CONSTRUCTION SERVICES, LLC FOR 2016 CITY-WIDE GUARDRAIL REPAIRS, $149,092.45 (COM PROJECT NO. 2016-3005-28) (2016 CIP D1 #3; D2 #66; D3 #157; D4 # 191; D5 #243; D6 # 301; D7 # 337). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 19, 2016.

RESOLUTION: 21-458-2016

Sponsored by: City Council and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as 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: C & H Construction Services, LLC

Project name: 2016 City Wide Guardrail Repairs,

COM Project No. 2016-3005-28

Estimated cost: $149,092.45

RESOLUTIONS BEING INTRODUCED:

REALLOCATE FUNDS IN THE AMOUNT OF $10,185,000.00 FROM UNASSIGNED FUND BALANCES IN THE GENERAL FUND TO CAPITAL IMPROVEMENT FUND 2000. The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 19, 2016.

RESOLUTION: 09-459-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE ALABAMA, that the sum of $10,185,000 be transferred from unassigned fund balance in the General Fund, Fund 1000 to Capital Improvement Fund 2000 to be used as follows:

Economic Development
City Share - Economic Development Incentives $3,050,000
Economic Development Incentive - Publix Infrastructure $1,000,000

Capital Improvements and Repairs
Fire Administration Projects $5,300,000
Gus Rehm Fire Station $2,800,000
Springhill Fire Station $2,500,000

Public Safety Projects $835,000
Police Cyber-Tech Equipment: $535,000
Police Headquarters Upgrades $300,000

AUTHORIZE CONTRACT WITH U.S. CUSTOMS AND BORDER PROTECTION (CBP) FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS-MACT RESPONSIBILITIES, $362,826.00 (CT-017-16; STATE OF ALABAMA GENERAL BOND SERIES 2016-A). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 19, 2016.

RESOLUTION: 21-460-2016

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: U. S. Customs and Border Protection (CBP)

Project name: City of Mobile, Alabama Cruise Terminal Improvements
MACT Responsibilities

Project number: CT-017-16

Amount: $362,826.00

AUTHORIZE CONTRACT WITH THOMPSON ENGINEERING, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL-DREDGING DESIGN, $8,310.00 (CT-017-16; STATE OF ALABAMA GENERAL BOND SERIES 2016-A). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 19, 2016

RESOLUTION: 21-461-2016

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
Dredging Design

Project number: CT-017-16

Amount: $8,310.00

ANNOUNCEMENTS:

Councilmember Williams thanked all who spoke in reference to Ordinance 09-031.

Councilmember Small announced the Oakdale Community Action Group will meet at 5:00 p.m. at Smalls Mortuary, 950 South Broad Street.

Councilmember Small stated the Riverside Community Action Group will meet and honor Law Enforcement with a potluck dinner. This event will be at 6:30 p.m. at 3130 Dauphin Island Parkway.

Councilmember Small mentioned the Peninsula of Mobile Group will meet to unveil the Corridor Master Plan for the peninsula portion of the Dauphin Island Parkway, tonight, 6:00 p.m. – 8:00 p.m., Fulton Road Sanctuary & Gymnasium at 1800 Dauphin Island Parkway.

Councilmember Rich advised dates and times for community meetings regarding Ordinance 09-031 will soon be announced.

Councilmember Manzie announced today that the Administrative Services Committee will meet Tuesday, July 19th at 1:00 p.m. in the Council Conference Room on the 9th Floor of the South Tower in Government Plaza. The purpose of the meeting is to discuss the S.A.I.L. Program at the Thomas Sullivan Community Center.
Councilmember Manzie recognized his mother, who was seated in the audience.
Councilmember Gregory expressed the success of the Mobile Terrace community clean-up that took place this past Saturday. She thanked all who participated and Mobile Gas, Gulf Distributing, Winn Dixie and Keep Mobile Beautiful for sponsoring the event.

The Presiding Officer adjourned the regular meeting at approximately 12:53 p.m.

Approved: July 19, 2016

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK




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