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 Nov 29, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, NOVEMBER 29, 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, November 29, 2016, at 9:00 a.m.

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

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 6:00 p.m.

The Presiding Officer adjourned the meeting.

Approved:

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

HARMON RECREATION CENTER, MOBILE, ALABAMA, NOVEMBER 29, 2016

The Council of the City of Mobile, Alabama, met at the Harmon Recreation Center on Tuesday, November 29, 2016, at 6:00 p.m., in regular meeting.

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

Reverend Levon Manzie, District Two Councilmember, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

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 November 22, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson announced the Riverside Ice Skating Rink will re-open Thursday, December 1, 2016

Mayor Stimpson reported a successful ribbon cutting ceremony for Mardi Gras Park took place earlier today.

Mayor Stimpson invited all citizens to Cathedral Square on Friday, December 2, 2016 at 5:00 p.m. for a showing of “A Christmas Story.”

Mayor Stimpson noted the City has launched a dumpster program to improve the walkability of downtown and beautify the streetscape. Working alongside downtown business owners, the City is relocating all garbage carts off the streets and sidewalks of Downtown Mobile.

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, 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 Heather Pfefferkorn, The Pillars, for a waiver of the Noise Ordinance at 1757 Government Street on December 4, 2016, from 1:00 p.m. – 6:00 p.m. (District 2).

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

Ayes: Richardson, 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 CONSIDER THE APPLICATION OF TREVOR GASTON D/B/A RELIABLE TAXI SERVICE FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A TAXICAB SERVICE.

The Presiding Officer announced that today was the day for the public hearing to consider the application of Trevor Gaston d/b/a Reliable Taxi Service for a Certificate of Public Convenience and Necessity for a taxicab service and asked if there was anyone present to speak for or against this matter.

No one appeared.

The Presiding Officer declared the hearing closed 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:

None

NON-AGENDA ITEMS:

Alabama Cooperative Extension Youth Development representative Ms. Pamela Irby, 1603 West Avenue, introduced members of the 4-H who explained their service project to curb youth gun violence in Mobile.

Residents of the area voicing concerns regarding various issues were:

Cosetta Jackson, 1103 Antwerp Street
Carolyn Mayes, 1103 Antwerp Street
Nikklos Kidd, 1035 Cherokee Street
Frances Thomas, Williamson High School
Wesley James, 1460 Douglas Street
Irene Antone, 2202 Clinton Street
Eddie Giles, Jr. 9721 Harmony Ridge Circle South
Ms. Taylor, 600 Flint Street

ORDINANCES HELD OVER:

REZONE PROPERTY AT 1305 AND 1307 SPRING HILL AVENUE (SOUTH SIDE OF SPRING HILL AVENUE, 90 ± WEST OF NORTH ANN STREET) FROM B-3 AND R-1 TO B-3 (DISTRICT 2). The following ordinance which was introduced and read at the regular meeting of Tuesday, November 22, 2016 and held over until the regular meeting of November 29, 2016 was called up by the Presiding Officer.

ORDINANCE: 64-063-2016

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 A POINT ON THE SOUTH SIDE OF SPRING HILL AVENUE A DISTANCE OF 164 FEET WEST OF THE WEST LINE OF ANN STREET, THENCE RUNNING SOUTHWARDLY AND PARALLEL WITH ANN STREET 442 FEET TO A POINT THENCE WESTWARDLY AND PERPENDICULARLY TO ANN STREET 53 FEET TO A POINT THENCE NORTHWARDLY AND PARALLEL OR NEARLY SO WITH ANN STREET 421 FEET TO A POINT ON THE SOUTH SIDE OF SPRING HILL AVENUE, THENCE EASTWARDLY ALONG THE SOUTH SIDE OF SPRING HILL AVENUE 140 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH LOT 1, BLANKENSHIP SUBDIVISION AS RECORDED IN MAP BOOK 90, PAGE 46, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA.

The classification of said property is hereby changed from B-3, Community Business District and R-1, Single- Family Residential District to, B-3 Community 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-3 Community 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-3 Community 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 Richardson moved that the ordinance be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, 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 2320 DAUPHIN ISLAND PARKWAY (SOUTHWEST CORNER OF DAUPHIN ISLAND PARKWAY AND WILLOWDALE STREET) FROM R-1 AND R-3 TO R-3 (DISTRICT 3). The following ordinance which was introduced and read at the regular meeting of Tuesday, November 22, 2016 and held over until the regular meeting of November 29, 2016 was called up by the Presiding Officer.

ORDINANCE: 64-064-2016

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:

BEGINNING AT THE SOUTHEAST CORNER OF LOT 36, WILLOW RUN PARK SUBDIVISION, AS RECORDED IN MAP BOOK 5, PAGE 346, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA, RUN NORTHWARDLY AND EASTWARDLY ALONG THE ARC OF A 437.90 FEET RADIUS CURVE CONCAVE SOUTHEASTWARDLY AND ALONG THE WEST RIGHT-OF-WAY LINE OF WILLOWDALE STREET (50 FOOT RIGHT-OF-WAY) (CHORD BEARS NORTH 22°-22'-47" EAST, 184.33 FEET), A DISTANCE OF 185.72 FEET; THENCE NORTHWARDLY AND WESTWARDLY, ALONG THE ARC OF A 2924.79 FEET RADIUS CURVE CONCAVE NORTHEASTWARDLY AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF DAUPHIN ISLAND PARKWAY (120 FEET RIGHT-OF-WAY) (CHORD BEARS NORTH 54°54'39" WEST, 117.19 FEET), A DISTANCE OF 117.2 FEET; THENCE ALONG THE WESTERN BOUNDARY OF PROPERTY CONVEYED BY INSTRUMENT RECORDED IN REAL PROPERTY 414, PAGE 316, SAID PROBATE RECORDS, AS FOLLOWS; SOUTH 49°-06'-46" WEST, 201.00 FEET; SOUTH 19°-01'09" WEST, 73.8 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE OF SAID LOT 36; THENCE SOUTH 79°46'14" EAST, ALONG SAID SOUTH LINE, 205.00 FEET TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY CONVEYED BY INSTRUMENT RECORDED IN REAL PROPERTY BOOK 414, PAGE 316, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA

The classification of said property is hereby changed from R-1, Single-Family Residential District, and R-3, Multiple-Family District to, R-3, Multiple-Family 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-3, Multiple-Family 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-3, Multiple-Family District, until all of the conditions set forth below have been complied with: 1) Completion of the Subdivision process; 2) Full compliance with all municipal codes and ordinances; and 3) Provision of a 6' privacy fence along the South and West property lines as agreed by the applicant.

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 adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, 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:

CONSIDER THE APPLICATION OF FREDERICK JEROME MCMILLAN D/B/A LEAP FROG SHUTTLE 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, November 22, 2016 and held over until the regular meeting of November 29, 2016 was called up by the Presiding Officer.

RESOLUTION: 37-721-2016

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of Frederick Jerome McMillan d/b/a Leap Frog Shuttle 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 amended, which was seconded by Councilmember Richardson,

and the vote was as follows:

Ayes: Richardson, 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 amended.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, pursuant to Ordinance #59-073, 2005, that the application of Frederick Jerome McMillan d/b/a Leap Frog Shuttle for a Certificate of Public Convenience and Necessity for a shuttle service is hereby approved subject to the following conditions, requirements and limitations:

1. Applicant is limited to operating low speed vehicles only, and only within the Henry Aaron Loop in downtown Mobile;

2. All low speed vehicles operated by Applicant must be registered and licensed by the Mobile County License Commissioner.

3. Applicant is limited to operating the low speed vehicles identified in his current application, and Applicant is required to comply with the requirements of City Code section 59-29 if he desires to add additional vehicles to his fleet in the future.

The amended resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Manzie, once City Council Attorney Jim Rossler confirmed that Mr. McMillan understood the amendment, the vote was as follows:

Ayes: Richardson, 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 as amended adopted.

APPROVE THE APPLICATION OF JAMES SZESZYCKI D/B/A CONCORD SHORE SERVICES 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, November 15, 2016, held over until the regular meeting of November 22, 2016, and held over again until the regular meeting of November 29, 2016, was called up by the Presiding Officer.

RESOLUTION: 37-743-2016

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of James Szeszycki d/b/a Concord Shore Services 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 Manzie, and the vote was as follows:

Ayes: Richardson, 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.

RE-ALLOCATE $1,662.26 FROM THE GENERAL FUND 1000, DISTRICT 2 DISCRETIONARY FUND DSC-02 TO THE CAPITAL IMPROVEMENT FUND 2000, CAPITAL PROJECT E0043, TRAFFIC ENGINEERING STREET TRAFFIC IMPROVEMENTS; AND $5,000.00 FROM GENERAL FUND COST CENTER 1020, COUNCIL DISCRETIONARY FUND EXP. DSC-04, TO GENERAL COST CENTER 4510, MOBILE FILM OFFICE. The following resolution which was introduced and read at the regular meeting of Tuesday, November 22, 2016 and held over until the regular meeting of November 29, 2016 was called up by the Presiding Officer.

RESOLUTION: 09-754-2016

Sponsored by: Councilmembers Manzie and Williams and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the following transfers be made from the General Fund (Fund 1000) to the Capital Improvements Fund (Fund 2000) and within the General Fund (1000) between Cost Centers 1020, Council Discretionary Funds Expense, and 4510, Mobile Film Office:

Transfer $1,662.26 from the General Fund District Two Discretionary Account DSC-02 to the Capital Improvements Fund, Capital Project E0043, Traffic Engineering - Street Traffic Improvements to be used to pay half of the fees to produce new Street East Historic District signs.

Transfer $5,000.00 from the General Fund District Four Discretionary Account DSC-04 to the General Fund Account, Mobile Film Office, 1004-4510, to be used for the premier of the movie, USS Indianapolis, Men of Courage.

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

Ayes: Richardson, 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.

AUTHORIZE PROFESSIONAL SERVICE CONTRACT WITH HERON VALUATION GROUP, LLC, TO PROVIDE APPRAISALS FOR THE ACQUISITION OF LAND AND REAL PROPERTY, $40,000.00 (NFWF GEBF MOBILE BAYSHORE) AND $20,000.00 (TIGER 2016.) The following resolution which was introduced and read at the regular meeting of Tuesday, November 22, 2016 and held over until the regular meeting of November 29, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-755-2016

Sponsored by: Mayor Stimpson

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

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

Ayes: Richardson, 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.

AUTHORIZE CONTRACT WITH SIMPLEX GRINNELL, LLC FOR VENT HOOD CLEANING-VARIOUS CITY OF MOBILE LOCATIONS, $13,358.00 (SC-012-17; GL NO. 10043037-42140.) The following resolution which was introduced and read at the regular meeting of Tuesday, November 22, 2016 and held over until the regular meeting of November 29, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-756-2016

Sponsored by; 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: Simplex Grinnell LLC

Project Name: Vent Hood Cleaning Various City of Mobile Locations

Project Number: SC-012-17

Amount: $13,358.00

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

Ayes: Richardson, 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 RULES FOR IMMEDIATE CONSIDERATION OF CONSENT RESOLUTIONS BEING INTRODUCED FOR THE FIRST TIME.

Councilmember Richardson moved for the suspension of the rules to consider Consent Resolutions 37-757 – 58-761 being introduced for the first time. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the item.

CONSENT RESOLUTIONS BEING INTRODUCED:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR CURATE, 4850 MUSEUM DRIVE. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 37-757-2016

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: Restaurant Retail Liquor License

Submitted by: Curate, LLC

Location: Curate
4850 Museum Drive
Mobile, AL 36608

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

Ayes: Richardson, 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.

AUTHORIZE REMOVAL OF WEEDS, GROUP # 1552. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 58-758-2016

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 17 described in the resolution adopted on the 25th day of October, 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 17, as described in the resolution adopted on the 25th day of October, 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. 1552, 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 Rich moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, 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.

AUTHORIZE REMOVAL OF WEEDS, GROUP # 1551. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 58-759-2016

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 25th day of October, 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 Numbers 1 through 20, as described in the resolution adopted on the 25th day of October, 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.1551, 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 Rich moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, 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.

ASSESS COST FOR REMOVAL OF WEEDS, GROUP # 1533. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 58-760-2016

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

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group, No. 1533 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

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

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

Ayes: Richardson, 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.

ASSESS COST FOR REMOVAL OF WEEDS, REPEAT WEED LIEN GROUP NO. 5. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 58-761-2016

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

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Repeat Weed Lien Group No. 5 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

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

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

Ayes: Richardson, 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.

RESOLUTIONS BEING INTRODUCED:

APPROVE SCFFA SERIES 2016 BONDS ISSUED IN SUPPORT OF NOLAND HEALTH SERVICES, INC. The following resolution was held over for one (1) week until the regular meeting of Tuesday, December 6, 2016.

RESOLUTION: 07-762-2016

Sponsored by: City Council

RESOLUTION APPROVING BONDS PURSUANT TO SECTION 11-62-1 OF THE CODE OF ALABAMA (1975)

WHEREAS, The Special Care Facilities Financing Authority of the City of Pell City, Alabama, a public corporation organized under the laws of the State of Alabama (the "Issuer"), pursuant to the authority and provisions of Chapter 62 of Title 11 of the Code of Alabama 1975 (the "Enabling Act"), proposes to issue its revenue bonds in an amount not to exceed $60,000,000 (the "Bonds") to provide financing for the benefit of Noland Health Services, Inc., a nonprofit corporation organized under the laws of the State of Delaware (the "User").

WHEREAS, the Issuer proposes to use the proceeds of the Bonds to (i) refinance certain outstanding indebtedness on certain health care facilities of the Issuer, including long-term acute care facilities ("LTAC"), skilled nursing facilities ("SNF"), assisted living facilities ("AL"), specialty care assisted living facilities ("SCALE"), independent living apartments ("IL"), extended care centers, community centers, nursing homes and related support facilities, offices, medical services and equipment (collectively, the "Existing Facilities"), and (ii) to finance the costs of acquiring and the costs of reimbursement for certain new facilities and additions, renovations and improvements to, and equipment for, certain health care facilities of the Issuer, including long term acute care facilities, skilled nursing facilities, assisted living facilities, specialty care assisted living facilities, independent living apartments, extended care centers, community centers, nursing homes and related support facilities, offices, medical services and equipment (collectively, the "New Facilities" and together with the Existing Facilities, the "Bond-Financed Facilities").

WHEREAS, the Bond-Financed Facilities are or will be located throughout the State of Alabama, and a portion of the Bond-Financed Facilities are or will be located in the City of Mobile, Alabama.

WHEREAS, the Bond-Financed Facilities located in the City of Mobile, Alabama, are or will be located at the following location(s) (principal use and estimated proceeds of the Bonds to be spent at such location(s) noted in parentheses): Allen Health and Rehabilitation (SNF) ($10,936,040), 735 S. Washington Ave., Mobile, AL 36603.

WHEREAS, by agreement with the Issuer, all of the Bond-Financed Facilities will be leased to the User, as the initial manager or operator thereof The User is expected to sublease portions of the Bond-Financed Facilities to one or more of its wholly owned affiliates.

WHEREAS, the Bonds will be limited obligations of the Issuer and will be payable solely from the rentals payable by the User and any other revenues or receipts derived by the Issuer from the Bond-Financed Facilities. The lease agreement between the Issuer and the User will provide for the payment of rentals by the User sufficient to pay debt service on the Bonds when due. The Bonds will be secured under an agreement whereby the Issuer will pledge the rentals and other receipts from the Bond-Financed Facilities for the benefit of the holders of the Bonds. The Bonds will not be general obligations of the Issuer and will not in any way constitute a debt, liability or obligation of the State of Alabama or any political subdivision of the State of Alabama. The Bonds will not be payable from any tax revenues.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY the City Council of the City of Mobile, Alabama (the "City Council), the governing body of the City of Mobile (the "City"), as follows:

1. That the City Council hereby consents to and approves the issuance of the Bonds for the purposes set forth herein, and that such consent and approval is being given pursuant to, and solely for the purposes of, the provisions of Section 11-62-1 of the Enabling Act.

2. Solely for the purpose of complying with the provisions of the Enabling Law, the City Council hereby consents to the financing of the Bond Financed Facilities (and the acquisition, installation, construction, equipping, and improvement thereof) of the Issuer located at 735 South Washington Avenue, within the corporate limits of the City (the "Project"), provided that said facilities otherwise comply with any and all applicable laws and ordinances, including, without limitation, all applicable zoning laws and ordinances. The City Council does hereby approve the issuance of the Bonds to finance the project at the foregoing location and the nature of the project, all in accordance with the foregoing proposal of the Issuer. The City Council's consent to and approval of the issuance of the Bonds shall not be construed as expressing any view whatsoever as to the financial feasibility of the Project or the adequacy of any security provided for the Bonds. This approval shall never be taken to impose any liability of any kind whatsoever upon the City Council, any member of the City Council, the City, or any City officers. The City Council's consent to and approval of the issuance of the obligations by the Authority shall not be construed as expressing any view whatsoever as to the financial feasibility of the Project.

AUTHORIZE CONTRACT WITH CINTAS CORPORATION NO. 2 FOR RENTAL OF FLAME RESISTANT UNIFORMS FOR THE ELECTRICAL DEPARTMENT, $50,005.80. The following resolution was held over for one (1) week until the regular meeting of Tuesday, December 6, 2016.

RESOLUTION: 21-763-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and Cintas Corporation No. 2 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.

CONSIDER THE APPLICATION OF TREVOR GASTON D/B/A RELIABLE TAXI SERVICE FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A TAXICAB SERVICE. The following resolution was held over for one (1) week until the regular meeting of Tuesday, December 6, 2016.

RESOLUTION: 37-764-2016

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of Trevor Gaston d/b/a Reliable Taxi Service for a Certificate of Public Convenience and Necessity for a taxicab service is hereby approved. A copy of said application is on file in the office of the City Clerk.

ANNOUNCEMENTS:

Councilmember Williams offered a brief explanation to the audience of the pre-Council meeting and the CIP process.

Councilmember Small thanked Councilmember Manzie and the residents of district two for tonight’s meeting.

Councilmember Small extended an invitation to the district three 2nd Annual Christmas Parade, Saturday, December 10, 2016, beginning at B. C. Rain High School, from 10:00 a.m. until 2:00 p.m. The parade will raise funds for the McKemie Place women’s shelter.

Councilmember Small advised the district three Christmas party will be held Tuesday, December 13, 2016, Pillans Middle School, 6:00 p.m.

Councilmember Rich thanked those in attendance for offering a warm welcome.

Councilmember Rich mentioned there will be a breakfast for staff, volunteers and guests at the Connie Hudson Mobile Regional Senior Community Center on Wednesday, December 21, 2016 at 9:00 a.m.

Councilmember Richardson encouraged all to attend the New Year’s Eve Moon Pie Drop. 38 Special will be the headline act.

Councilmember Daves said he was delighted to attend tonight’s meeting and have the chance to meet residents in Maysville.

Councilmember Manzie thanked his fellow Councilmembers and district two residents for attending tonight’s meeting.

Councilmember Manzie expressed his appreciation for the privilege to serve the residents in district two.

Councilmember Manzie stated the district two Christmas party will be held on Wednesday, December 7, 2106 at the Via Health, Fitness and Enrichment Center at 6:00 p.m.

Councilmember Gregory indicated the district seven Christmas party will take place Tuesday, December 6, 2016, at the Mobile Museum of Art, 6:00 p.m.

Councilmember Gregory announced the December 20th City Council meeting will be held at Old City Hall, 10:30 a.m.

Councilmember Gregory noted there will be no City Council meeting on Tuesday, December 27, 2016.

The Presiding Officer recessed the regular meeting at approximately 7:37 p.m.

Approved: December 6, 2016

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK




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