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 19, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 19, 2016

The Council of the City of Mobile, Alabama, met in the City Council’s Conference Room on the ninth floor of the Mobile Government Plaza on Tuesday, July 19, 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, JULY 19, 2016

The Council of the City of Mobile, Alabama, met in the Ceremonial Court Room of the Mobile Government Plaza on Tuesday, July 19, 2016, at 10:30 a.m., in regular meeting.

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

Reverend Irving Boykin, Mt. Gerizim Baptist Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

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 12, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson recognized John Paine and Anne Foley as “Employees of the Month” for July, 2016.

Mayor Stimpson reported that Ms. Irene Antone telephoned him while on his recent trip to London. During the conversation, Ms. Antone jokingly asked the Mayor if he planned to bring her a present. Mayor Stimpson presented Ms. Antone with a box of tea he bought for her in London.

Mayor Stimpson conveyed that while attending an event in London, Airbus CEO Fabrice Brégier praised Mobile.

Mayor Stimpson offered his prayers for the recent killing of police officers in Baton Rouge, Louisiana.

Councilmember Small responded to recent rhetoric concerning his stance on first responders. Mr. Small asserted his admiration and support for the Mobile Police Department and all first responders.

Councilmember Richardson concurred with Mr. Small’s expressions of admiration and support for first responders.

Councilmember Richardson mentioned while in London he visited business incubators. Mr. Richardson is focused on bringing incubators to Mobile to concentrate on retaining present businesses brought to Mobile because of Airbus and creating more jobs.

ADOPTION OF THE AGENDA:

Councilmember Small moved for the adoption of the agenda, which motion 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 by the City Clerk, whereupon the Presiding Officer declared the agenda adopted.

APPEALS:

APPEAL OF THE PLANNING COMMISSION APPROVAL OF THE PLANNED UNIT DEVELOPMENT APPLICATION OF IRC-MOBILE MIDTOWN, LLC, 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.)

The following person spoke in favor of the appeal:
Betsy Swinson, 151 Grand Boulevard
Ashley Dukes, Midtown Mobile Movement, 1855 Dauphin Street
Janet Burns, 210 Eddington Drive
Elizabeth Hooks, 152 South Street

The following person spoke in opposition of the appeal:
Casey Pipes, 2255 Ashland Place

Councilmember Rich asked Planning and Zoning Director Richard Olsen if the PUD would have to be altered and another public hearing would have to take place in order for a gas station or convenience store to be placed on the property.

Mr. Olsen answered yes. If a change is made to the site plan, a new approval would be required.

Councilmember Richardson moved to deny the appeal 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 appeal denied.

Councilmember Richardson moved to amend the PUD approval to correct an error, so that condition (5) as set forth in the Planning Commission’s letter of decision reads as follows:

“(5) The area north of Shops A2 and north and east of the service drive for Shops A1 to remain in a natural vegetative state to the greatest degree practicable.”

The motion was seconded by Councilmember Daves, 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 PUD amended.

Councilmember Gregory stated: “the Council is in receipt of a letter from Executive Director of Finance Paul Wesch declaring that the discussions will involve consideration of the purchase, sale, exchange, lease, or market value of real property and negotiations involving matters of trade or commerce, and that these discussions would have a detrimental effect upon the competitive position of the City if disclosed outside of an executive session.

Councilmember Gregory moved to convene in executive session at 11:36 a.m., which move was seconded by Councilmember Rich and the vote was as follows:

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

Nays: None

Councilmember Gregory reconvened the regular meeting at 11:56 a.m.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

NON-AGENDA ITEMS:

Irene Antone, 2202 Clinton Street, addressed the Council regarding bicycle trails and sidewalks.

ORDINANCES 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, which was introduced and read at the regular meeting of Tuesday, July 12, 2016, and held over until the regular meeting of Tuesday, July 19, 2016, was called up by the Presiding Officer.

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.

The ordinance was read by the City Clerk; whereupon Councilmember Richardson moved that the ordinance be amended as follows, which was seconded by Councilmember Manzie.

To add the following as conditions to the rezoning:

(5) Limited to two curb cuts to North Florida Street, limited to one curb cut to Old Shell Road, and denied access to South Eddington Drive.

(6) The area north of Shops A2 and north and east of the service drive for Shops Al to remain in a natural vegetative state to the greatest degree practicable.

(7) Provision of an 8' opaque composite screen as residential buffer between the development and the rear lot lines of the properties that front on Hazel Street, from the northernmost point of said lot lines where they intersect with the required wall along Eddington Drive thence running south approximately 350 feet to the point where the lot lines turn to the southeast.

The amendment was read by the City Clerk; whereupon Councilmember Richardson moved that the original ordinance be adopted as amended, which was seconded by Councilmember Manzie, after comments from Councilmembers Rich, Richardson, Manzie and Gregory 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 original ordinance adopted as amended.

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, which was introduced and read at the regular meeting of Tuesday, July 12, 2016, and held over until the regular meeting of Tuesday, July 19, 2016, was called up by the Presiding Officer.

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.

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

RESOLUTIONS HELD OVER:

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, which was introduced and read at the regular meeting of Tuesday, July 12, 2016, and held over until the regular meeting of Tuesday, July 19, 2016, was called up by the Presiding Officer.

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

The resolution was read by the City Clerk; whereupon Councilmember Small moved that the resolution be adopted, which was seconded by Councilmember Daves, after comments from Councilmember Richardson 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 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, which was introduced and read at the regular meeting of Tuesday, July 12, 2016, and held over until the regular meeting of Tuesday, July 19, 2016, was called up by the Presiding Officer.

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

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

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

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

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, which was introduced and read at the regular meeting of Tuesday, July 12, 2016, and held over until the regular meeting of Tuesday, July 19, 2016, was called up by the Presiding Officer.

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

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

Ayes: Richardson, Manzie, Small, 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 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, which was introduced and read at the regular meeting of Tuesday, July 12, 2016, and held over until the regular meeting of Tuesday, July 19, 2016, was called up by the Presiding Officer.

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

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

Ayes: Richardson, Manzie, 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 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, which was introduced and read at the regular meeting of Tuesday, July 12, 2016, and held over until the regular meeting of Tuesday, July 19, 2016, was called up by the Presiding Officer.

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

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

AMEND SECTION 34-106(B) OF CHAPTER 34 OF THE CITY CODE TO ABOLISH THE STRATEGIC PLAN FUND AND MERGE THE FUNDS THEREIN WITH THE CAPITAL IMPROVEMENT FUND. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, July 26, 2016.

ORDINANCE: 34-034-2016

AN ORDINANCE TO AMEND SECTION 34-106(b) OF CHAPTER 34 OF THE MOBILE CITY CODE ENTITLED "LICENSES AND TAXATION"

WHEREAS, the City of Mobile ("City") has, over the past several years, directed Capital Funds to a fund called the "Strategic Plan"; and,

WHEREAS, the City no longer utilizes the Strategic Plan Fund, but, instead, transfers capital funds budgeted to the Strategic Plan to other capital improvement projects; and,

WHEREAS, Section 34-106 of the City Code directs that two (2) percent of the revenues derived from the lodging tax imposed by Section 34-101 and one (1) percent of the revenues derived from the lodging tax imposed by Section 34-102 shall be designated to the "strategic plan funds"; and,

WHEREAS, the City desires to amend Section 34-106 (b) to redirect the funds identified therein to the Capital Improvement Fund of the City of Mobile; and,

WHEREAS, the City further desires to abolish the strategic plan fund and merge the funds therein with the Capital Improvement Fund,

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

Section 1. Section 34-106(b) of Chapter 34 of the Mobile City Code, shall be amended to read as follows:

A. Section 34-106. (b) — Strategic plan is hereby deleted.

B. A new Section 34-106. (b) is hereby adopted to read as follows:

(b) Capital Improvement Fund. Two (2) percent of the revenues derived from the lodging tax imposed by section 34-101 and one (1) percent of the revenues derived from the lodging tax imposed by section 34-102 shall be designated to the Capital Improvement Fund.

Section 2. The Strategic plan fund is hereby abolished and the funds therein merged with the Capital Improvement Fund.

Section 3. SEVERABILITY: In the event that any section, subsection, sentence, clause or phrase of this Chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this Chapter, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof.

Section 4. REPEALER All City Code sections and ordinances or parts of City Code sections and ordinances in conflict are hereby repealed.

Section 5. EFFECTIVE DATE: This Ordinance shall become effective upon its adoption and publication as required by law.

SUSPENSION OF 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 Resolutions 37-462 - 60-464. 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 RESTAURANT RETAIL LIQUOR LICENSE FOR GULF COAST WINGS AND FISH, 1850 AIRPORT BOULEVARD. The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 26, 2016.

RESOLUTION: 37-462-2016

Sponsored by: Councilmember Manzie

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

Type of application: Restaurant Retail Liquor License

Submitted by: Gulf Coast Holdings, LLC

Location: Gulf Coast Wings and Fish
1850 Airport Boulevard
Mobile, AL 36606

AUTHORIZE REMOVAL OF WEEDS, GROUP #1542. The following resolution was introduced by Councilmember Small.

RESOLUTION: 58-463-2016

A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHALL BE OVERRULED TO THE REMOVAL OF NOXIOUS OR DANGEROUS WEEDS ON OR IN FRONT OF CERTAIN PARCELS OF LAND.

WHEREAS, notice has been duly given and posted at least five days prior to the date of this resolution in the manner provided by law offering full opportunity to all interested parties to object to the removal of noxious or dangerous weeds on the hereinafter described parcels of land, and the City Council of Mobile having held such public hearing in connection with the notices given and no objections having been filed or made by any of the interested parties; and

WHEREAS, Parcels Nos. 1 through 20 described in the resolution adopted on the 14th day of June, 2016, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.

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

SECTION 1. It is hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property:

PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED:

Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos 1 through 20, as described in the resolution adopted on the 14th day of June, 2016, and entitled: "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."

(Lot Cleaning Liens, Group No. 1542, on file in the office of the City Clerk).

SECTION 2. The employees of the City of Mobile assigned to the work required by this resolution are hereby expressly authorized to enter upon such described pieces of property for the purpose of removing the weeds authorized by this resolution to be removed. The owner of any of the above described pieces of property shall have the right to remove the weeds ordered by this resolution to be removed from this property provided such removal is done prior to the arrival of the employees of the City of Mobile against his property by reason of any action taken hereunder. An accurate account of the costs with respect to each piece of property shall be kept by the employees of the City of Mobile covering the costs of removing such weeds in front of or in front of or on each separate lot or parcel of land where the work is done by the City of Mobile or its employees, and promptly thereafter an itemized report in writing shall be made to the City Council showing such costs with respect to each separate lot or parcel of land but before the report is submitted to the City Council a copy of the itemized costs with respect to each such lot or parcel of land shall be posted for at least three days prior to such report on the door of the Council Chamber at the City Hall of Mobile, Alabama, together with a notice of the time when the report will be submitted to the City Council for confirmation.



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

Ayes: Richardson, Manzie, Small, 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 JUSTIN BILLA AS PART OF THE MAYOR’S INCENTIVE PROGRAM, $500.00. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 60-464-2016

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.

Billa, Justin Officer of the Month July, 2016

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: 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.

SUSPENSION OF 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 Resolutions 01-465, 21-466 and 21-467. 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.

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE PUBLIC INFRASTRUCTURE AGREEMENT WITH IRC-MAB MOBILE MIDTOWN, LLC FOR REIMBURSEMENT TO DEVELOPER FOR IMPROVEMENTS PROPOSED FOR OLD SHELL ROAD AND NORTH FLORIDA STREET, NTE $1,000,000.00.

RESOLUTION: 01-465-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Public Infrastructure Agreement by and between the City of Mobile and IRC-MAB Mobile Midtown, LLC, to reimburse Developer in an amount not to exceed $1,000,000, for infrastructure improvements proposed for Old Shell Road and North Florida Street public rights of way as described in the Public Infrastructure Agreement. A copy of said Public Infrastructure Agreement is on file in the office of the City Clerk.

Councilmember Rich stated for the record:

“I would like to go on record for the sidewalks and the widening of the street. I know those are public issues, but normally the developer, because of what they are bringing, will have to deal with the increased traffic, or walking as is the case in Midtown, it is required that they do sidewalks. It’s part of their PUD. The City is stepping up to utilize funds for this.”

“I had concerns about the placement of the Publix on Airport and University. We talked about managing traffic. Publix created a lane. They moved the curb over and created a “slip lane” where you can ease over and not have to make a direct turn. It was because they were directing people toward their place of business that they were impacted with having to pay for that.”

“We have so many infrastructures to do throughout our city. The enthusiasm is great, but using public dollars to do those things is difficult for me to approve because there is so much more to do. I welcome them, but when it comes to using public dollars to make those improvements it’s something expected from the developer.”

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Gregory, after comments from Councilmembers Small, Daves and Manzie the vote was as follows:

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

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

AUTHORIZE CONTRACT WITH EDMOND G. ESLAVA, III, MAI, SRA, FOR AN APPRAISAL NEEDED FOR THE ZEIGLER BOULEVARD WIDENING FROM CODY ROAD TO SCHILLING ROAD. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 21-466-2016

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE. CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the Mayor and the City Clerk be, and hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile a contract with Edmond G. Eslava, III, MAI, SRA, a State of Alabama certified appraiser, to appraise five (5) properties needed for the Zeigler Blvd. Widening from Cody Rd. to Schillinger Rd. Project.

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

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

AUTHORIZE CONTRACT WITH MORROW CONTRACTING, INC. D/B/A ADVANCED SERVICES PLUS PLUMBING COMPANY FOR HOT WATER LINE REPAIRS-GULF COAST EXPLOREUM, $16,181.00 (D2; EX-108-16; CO018). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 21-467-2016

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: Morrow Contracting, Inc. d/b/a
Advanced Services Plus Plumbing Company

Project name: Hot Water Line Repairs - Gulf Coast Exploreum

Project number: EX-108-16

Amount: $16,181.00

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

Ayes: Richardson, Manzie, 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 ENGINEERED TEXTILE PRODUCTS, INC. D/B/A ARTCRAFT AWNING COMPANY FOR ARTHUR R. OUTLAW CONVENTION CENTER-REPLACE CANOPIES, $22,300.00 (D2; CN-154-16; CO261). The following resolution was held over for one (1) week until the meeting the regular meeting of Tuesday, July 26, 2016.

RESOLUTION: 21-468-2016

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: Engineered Textile Products, Inc.
d/b/a Artcraft Awning Company

Project name: Arthur R. Outlaw Convention Center- Replace Canopies

Project number: CN-154-16

Amount: $22,300.00

ACCEPT CONTRACT AMENDMENT WITH BURK-KLEINPETER, INC. (CLOSE-OUT), 2015 CITY-WIDE DRAINAGE AND INLET REPAIRS AND MAINTENANCE, $31,460.00 (COM PROJECT NO. 2015-202-05; CO177). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 26, 2016.

RESOLUTION: 21-469-2016

Sponsored by: City Council and Mayor Stimpson

WHEREAS, the City entered into a contract dated November 25, 2014 with Burk-Kleinpeter, Inc., for engineering services on the project known as 2015 Miscellaneous City Wide Drainage and Inlet Repairs and Maintenance, City of Mobile Project No. 2015-202-05.

WHEREAS, at the time the contract was entered into the scope of the project included the engineering design and construction engineering inspection (CE&I) of city wide drainage and inlet repairs, with an estimated construction cost of $525,000, and fees for engineering services are based on percentages of the total project cost; and the fee percentage for this contract is.12.4% for the design and construction aspect of the project. Engineering fees were estimated to be $66,500.00, based on the estimated construction cost.

WHEREAS, during the course of the repair and maintenance project sites, additional high priority repairs became evident, some due to rain events in the spring of 2015, and were addressed in this contract thereby increasing the estimated construction amount to $790,000.00; and,

WHEREAS, the final construction cost amount for the project is estimated to total $790,000.00. Engineering fees (design and construction) shall be adjusted to properly compensate Burk-Kleinpeter, Inc., in accordance with the contractual agreed percentage in the City of Mobile Professional Services Contracts. The professional engineering fees will be increased by $31,460.00, to a total of $97,960.00.

WHEREAS, the contract provides on Page 11 (V, A.1(1)) that the "Total fees (design and construction phases) to be paid the ENGINEER shall not exceed $66,500 (Sixty-Six Thousand Five Hundred Dollars), unless authorized by the CITY;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Council does hereby authorize the additional fee of $31,460.00, for a total of $97,960.00, to be paid to Burk-Kleinpeter, Inc., for engineering design and construction engineering inspection services on the project known as 2015 Miscellaneous City Wide Drainage and Inlet Repairs and Maintenance, City of Mobile Project No. 2015-202-05.

AUTHORIZE CONTRACT WITH NEEL-SCHAFFER, INC. (CLOSE-OUT), 2015 MISCELLANEOUS CITY-WIDE DRAINAGE REPAIRS (DITCH REPAIRS), $77,123.91 (COM PROJECT NO. 2015-202-01; CO178). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 26, 2016.

RESOLUTION: 21-470-2016

Sponsored by: Councilmembers Richardson, Williams and Gregory
and Mayor Stimpson

WHEREAS, the City entered into a contract dated November 25, 2014 with Neel-Schaffer, Inc., for engineering services on the project known as 2015 Miscellaneous City Wide Drainage Repairs, City of Mobile Project No. 2015-202-01.

WHEREAS, at the time the contract was entered into the scope of the project included the engineering design and construction engineering inspection (CE&I) of city wide ditch repairs, with an estimated construction cost of $691,500, and in accordance with the standard fee schedule used in City of Mobile Professional Services Contracts, the design and construction engineering inspection (CE&I) fees were estimated to be $87,500.00; and,

WHEREAS, during the course of repairing ditches, additional high priority ditch repairs became evident, some due to large rain events in the spring of 2015, and were addressed in this contract thereby increasing the estimated construction amount to $1,462,294.09; and,

WHEREAS, fees needed to properly compensate Neel-Schaffer, Inc. during the design & construction of the ditch repairs, in accordance with the standard fee schedule used in City of Mobile Professional Services Contracts, Inc., will increase the contract amount by $77,123.91; and,

WHEREAS, the contract provides on Page 13 (V, A.1(0) that the "Total fees (design and construction phases) to be paid the ENGINEER shall not exceed $87,500 (Eighty-Seven Thousand Five Hundred Dollars), unless authorized by the CITY";

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Council does hereby authorize the additional fee of $77,123.91, for a total of $164,623.91, to be paid to Neel-Schaffer, Inc., for engineering design and construction engineering inspection services on the project known as 2015 Miscellaneous City Wide Drainage Repairs, City of Mobile Project No. 2015-202-01.

AUTHORIZE PROJECT AGREEMENT WITH MOBILE COUNTY, THE INDUSTRIAL DEVELOPMENT BOARD AND WAL-MART STORES, INC. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 01-472-2016

Sponsored by: Mayor Stimpson

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

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

(a) Wal-Mart Stores, Inc., a Delaware corporation (the “Company”) wishes to construct, equip and operate an import distribution facility in unincorporated Mobile County, wherein the Company will service multiple regional distribution centers with products primarily shipped through the Alabama State Port Authority’s port (the “Port at Mobile”) at Mobile, Alabama (the “Project”). The City and the Company, along with Mobile County, Alabama (the “County”) and the Industrial Development Board of the City of Mobile, Alabama (the “IDB”), propose to execute and deliver a Project Agreement (the “Project Agreement”) wherein, in order to induce the Company to locate the Project within the County for the benefit of the City, the County and the Port at Mobile, and to maintain at least the yearly average number of employees as defined in the Project Agreement, with the average hourly wage set forth in the Project Agreement, for the time period set forth in the Project Agreement, the City desires, along with the County and the IDB, to transfer funds to the Company to facilitate the location of the Project within the County for the benefit of the City, the County and the Port at Mobile.

(b) The Project Agreement will be executed and delivered by the Company, the City, the County and the IDB.

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

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

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

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

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

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

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

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

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

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

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

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

(b) This resolution shall take effect immediately.

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

CALL FOR PUBLIC HEARING:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 1151 DAUPHIN STREET (SOUTHWEST CORNER OF DAUPHIN STREET AND OAKLAND TERRACE) FROM R-1 AND B-1 TO B-1. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 41-471-2016

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 Ceremonial Courtroom, 205 Government Street, Mobile, Alabama, on the 16th day of August, 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 19th day of July, 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:

LOTS 2, 4 AND 6 LESS EXCEPT THE WEST 8.0 FEET, OAKLAND TERRACE AS RECORDED IN DEED BOOK 156 PAGE 97 PROBATE COURT RECORDS, MOBILE COUNTY, AL.

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

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

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

ANNOUNCEMENTS:

Councilmember Gregory thanked the Child Evangelism Fellowship for inviting her to speak at their fundraising event over the weekend.

Councilmember Gregory departed the meeting at 12:27 p.m.

Councilmember Small expressed the success of several community meetings he attended last Tuesday.

Councilmember Small announced the “Back to School Rally” will be held Sunday, August 7, 2016, 3:00 p.m. at the Pleasant Valley Shopping Center.

Councilmember Rich stated the Public Safety Committee will hold a meeting Thursday, July 28, 2016, 2:30 p.m. in the Ceremonial Court Room. The purpose of the meeting is to discuss the proposed Police Citizens Community Relations Advisory Council.

Councilmember Manzie extended his appreciation to the leadership in the Campground Community for their efforts in the community rally that took place last Saturday.
Councilmember Manzie related he attended the 210th anniversary celebration for historic Stone Street Baptist Church on Sunday.
Councilmember Manzie shared he attended a program honoring gospel singer Irene Johnson Ware.
Councilmember Richardson pronounced a big day for district one because of the future Publix in Midtown and the upgrades to Mill Street Park and the new Crichton Fire Station.

The Presiding Officer adjourned the regular meeting at approximately 12:36 p.m.

Approved: July 26, 2016

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK




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