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 May 30, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 30, 2017

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, May 30, 2017, at 9:00 a.m.

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

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: June 6, 2017

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, MAY 30, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, May 30, 2017, at 10:30 a.m., in regular meeting.

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

Reverend Carl Lowery, St. Paul AME Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Councilmember Gregory asked everyone to remain standing for a moment of silence in observance of the passing of Floretta Grayson-Fortune.

Present on Roll Call:

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

NOTE: The next off-site City Council meeting will be held Tuesday, June 27, 2017, 6:00 p.m., at Burroughs Elementary School.

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 meeting of May 24, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson thanked those that contributed their efforts in organizing Memorial Day events.

Mayor Stimpson remarked that the new command of operations structures within the Mobile Fire Rescue Department will eventually become a $1 million a year savings to the City.

ADOPTION OF THE AGENDA:

Councilmember Small moved to adopt the agenda, which motion was seconded by Councilmember Richardson and the vote was as follows:

Ayes: Richardson, 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 as amended.

APPEALS:

The Council considered the request of Blackwell Towing to appeal the decision of the Mobile Police Department to be removed from the City’s wrecker company rotation list (DeWayne Blackwell).

The following persons spoke in favor of the appeal:

Brent Day, attorney for Mr. Blackwell
DeWayne Blackwell, Blackwell Towing

The following persons spoke in opposition to the appeal:

Mobile Police Department Attorney Wanda Rahman
Corporal John Rhames

Councilmember Daves moved to deny the appeal, which motion was seconded by Councilmember Williams, and the vote was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the appeal denied.

The Council considered the request of Leon Simms for a waiver of the Noise Ordinance at 1831 Riverside Drive on June 24, 2017, from 1:00 p.m. until 10:00 p.m. (District 3).

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

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

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

The Council considered the request of Andrew Howell, Regency Church of Christ, for a waiver of the Noise Ordinance at 501 South University Boulevard (in back parking lot behind building), on June 2, 2017, from 7:30 p.m. until 9:30 p.m. (District 5).

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

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

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

The Council considered the request of Lesley Paige Roberts for a waiver of the Noise Ordinance at 1915 Woodvalley Court on June 10, 2017, from 6:00 p.m. until 10:00 p.m. (Planning Jurisdiction).

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

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

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

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 4514 & 4518 DAUPHIN ISLAND PARKWAY (NORTHWEST CORNER OF DAUPHIN ISLAND PARKWAY AND ALBA AVENUE) FROM R-1 TO B-3 (DISTRICT 3) (APPLICANT: STEWART SURVEYING, INC.).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 4514 and 4518 Dauphin Island Parkway (northwest corner of Dauphin Island Parkway and Alba Avenue) from R-1 to B-3 and asked if there was anyone present to speak for or against this matter.

The following persons spoke in favor of the rezoning:

Connie and Dot Oliver, applicants and property owners

The following persons spoke in opposition of the rezoning:

Gail Driver, 1707 Alba Avenue
David Sanders, 1713 Alba Avenue
Debi Foster, 4507 Park Road

Following comments from Richard Olsen, Deputy Director of Planning and James Rossler, Council Attorney, the Presiding Officer declared the hearing concluded and that the necessary ordinance authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO ASSENT TO THE VACATION OF AN ALLEY RUNNING FROM SOUTH CLAIBORNE STREET TO SOUTH FRANKLIN STREET, BETWEEN GOVERNMENT STREET AND CHURCH STREET (DISTRICT 2) (APPLICANT: MOBILE CARNIVAL ASSOCIATION, INC., CONGRESS STREET WAREHOUSE, LLC AND THE SOCIETY OF 1842, INC.).

The Presiding Officer announced that today was the day for the public hearing to assent to the vacation of an alley running from South Claiborne Street to South Franklin Street, between Government Street and Church Street and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO CONSIDER A VACATION OF RIGHT-OF-WAY FEE AS A CONDITION OF THE VACATION OF AN ALLEY RUNNING FROM SOUTH CLAIBORNE STREET TO SOUTH FRANKLIN STREET, BETWEEN GOVERNMENT STREET AND CHURCH STREET (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to consider a vacation of right-of-way fee as a condition of the vacation of an alley running from South Claiborne Street to South Franklin Street, between Government Street and Church Street, and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO ACCEPT PUBLIC COMMENTS ON THE PROPOSED APPLICATION FOR A TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT TO INCLUDE ADA COMPLIANT SIDEWALKS ALONG THE SOUTHSIDE OF AIRPORT BOULEVARD (WEST OF REGENCY SUBDIVISION ENTRY TO HILLCREST ROAD).

The Presiding Officer announced that today was the day for the public hearing to accept public comments on the proposed application for a Transportation Alternative Program (TAP) Grant to include ADA compliant sidewalks along the southside of Airport Boulevard (west of Regency Subdivision entry to Hillcrest Road), and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO ACCEPT PUBLIC COMMENTS ON THE PROPOSED APPLICATION FOR A TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT TO INCLUDE ADA COMPLIANT SIDEWALKS ALONG THE OLD SHELL ROAD FROM DURANT STREET TO UNION AVENUE.

The Presiding Officer announced that today was the day for the public hearing to accept public comments on the proposed application for a Transportation Alternative Program (TAP) Grant to include ADA compliant sidewalks along the Old Shell Road from Durant Street to Union Avenue, and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

None

NON-AGENDA ITEMS:

None

ORDINANCES HELD OVER:

REZONE PROPERTY AT 108 AND 114 CENTER STREET, AND 75, 79, 113, 123 AND 129 WEST DRIVE (EAST SIDE OF WEST DRIVE, 120’± NORTH OF PHERIN WOODS COURT, EXTENDING TO THE WEST SIDE OF CENTER DRIVE, 625’± SOUTH OF OLD SHELL ROAD) FROM R-1 TO R-3 (DISTRICT 6) (APPLICANT: BROADSTREET PARTNERS, LLC).

ORDINANCE: 64-022-2017

Sponsored by: Councilmember Rich

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:

THE EAST HALF OF LOT 2, BLOCK 4, WESTERN HILL SUBDIVISION, AS RECORDED IN MAP BOOK 3, PAGES 390-391, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; TOGETHER WITH LOTS 1 THROUGH 4, STUART SUBDIVISION, AS RECORDED IN MAP BOOK 43, PAGE 14, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; TOGETHER WITH THE WEST HALF OF LOT 2, BLOCK 4, NEWMAN SUBDIVISION TO WESTERN HILLS, RECORDED IN MAP BOOK 3, PAGES 390-391, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; TOGETHER WITH LOT A & LOT B, WESTERN HILLS REVISED RESUBDIVISION OF THE WEST HALF OF LOT 3, BLOCK 4, AS RECORDED IN MAP BOOK 26, PAGE 16, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA.
The classification of said property is hereby changed from R-1, Single-Family Residential 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) site limited to an approved Planned Unit Development; 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 Rich moved that the ordinance be adopted, which was seconded by Councilmember Daves. Following comments from Councilmember Rich, the vote was as follows:

Ayes: Richardson, 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:

AUTHORIZE MASTER SERVICES AGREEMENT WITH MCCRORY & WILLIAMS FOR ENGINEERING DESIGN AND CONSTRUCTION SERVICES TO COMPLETE MULTIPLE DRAINAGE REPAIRS THROUGHOUT THE CITY, $90,000.00 (2017 CIP MISCELLANEOUS DRAINAGE REPAIRS; COM PROJECT NO. 2017-3005-13; DRC17). The following resolution which was introduced and read at the regular meeting of Wednesday, May 24, 2017 and held over until the regular meeting of May 30, 2017 was called up by the Presiding Officer.

RESOLUTION: 01-294-2017

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: McCrory & Williams

Project name: 2017 CIP Miscellaneous Drainage Repairs

Project No. 2017-3005-13

Estimated cost: $90,000.00

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, 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 AIKER CONSTRUCTION CORPORATION FOR RICKARBY PARK-BASKETBALL COURT, $63,345.00 (2017 CIP #116, D2; PR-149-17; CO069). The following resolution which was introduced and read at the regular meeting of Wednesday, May 24, 2017 and held over until the regular meeting of May 30, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-295-2017

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: Aeiker Construction Corporation

Project name: Rickarby Park - Basketball Court

Project number: PR-149-17

Amount: $63,345.00 (2017 CIP #116 D2)

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, 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 AGREEMENT WITH PERSONNEL STAFFING SERVICES FOR YOUTH EMPOWERED FOR SUCCESS (YES) PROGRAM TO PROVIDE PERSONNEL STAFFING SERVICES (PAYROLL/INSURANCE) FOR APPROXIMATELY 80 INTERNS IN JUNE/JULY 2017. The following resolution which was introduced and read at the regular meeting of Wednesday, May 24, 2017 and held over until the regular meeting of May 30, 2017 was called up by the Presiding Officer.

RESOLUTION: 01-297-2017

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 GuideSoft Inc., dba Knowledge Services, in an amount not to exceed $140,000, for a period to begin on or about May 16, 2017, and to expire upon completion of the 2017 Youth Empowered for Success (YES) program, for personnel staffing services for the 2017 YES program, attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the Office of the City Clerk.

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

Ayes: Richardson, 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 H. O. WEAVER & SONS, INC. FOR 2016 PAYGO-COUNTY COMMISSION DISTRICT 2, $1,184,892.30 (PROJECT NO. 2017-3005-03; D4, D5 AND D7; CO118). The following resolution which was introduced and read at the regular meeting of Wednesday, May 24, 2017 and held over until the regular meeting of May 30, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-299-2017

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

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

Name of company: H.O. Weaver & Sons, Inc.

Project name: 2016 PAYGO - County Commission District 2

Project No. 2017-3005-03 (Districts 4, 5 and 7)

Estimated cost: $1,184,892.30

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

Ayes: Richardson, 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 CONTACT NETWORK, LLC D/B/A INLINE FOR CONSTRUCTION OF FIBER COMMUNICATION INFRASTRUCTURE FOR THE WATER STREET COMPLETE STREETS PROJECT FROM GOVERNMENT STREET TO BEAUREGARD STREET AS FUNDED BY THE TAX INCREMENT FINANCING (TIF) PROGRAM, $145,118.10 (2017-2060-08; CO057). The following resolution which was introduced and read at the regular meeting of Wednesday, May 24, 2017 and held over until the regular meeting of May 30, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-300-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk he, 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; to provide construction services for the construction of traffic signal communications infrastructure for the Water Street Complete Streets Project, 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: Contact Network, LLC D/B/A InLine

City of Mobile project no.: 2017-2060-08

Capital project no.: C0057

Amount: $145,118.10

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

Ayes: Richardson, 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 E. CORNELL MALONE CORPORATION FOR 850 ST. ANTHONY RE-ROOF, $158,980.00 (PD-252-16; CO164). The following resolution which was introduced and read at the regular meeting of Wednesday, May 24, 2017 and held over until the regular meeting of May 30, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-301-2017

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: E. Cornell Malone Corporation

Project name: 850 St. Anthony Re-Roof

Project number: PD-252-16

Amount: $158,980.00

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

Ayes: Richardson, 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 APPLICATION FOR A TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT TO INCLUDE ADA COMPLIANT SIDEWALKS ALONG DAUPHIN ISLAND PARKWAY FROM THE SOUTH SIDE OF I-10 TO OLD MILITARY ROAD, $199,891.00 (GRANT FUNDS - $159,912.80; CITY MATCH - $39,978.20 TO BE PROVIDED THROUGH CIP). The following resolution which was introduced and read at the regular meeting of Wednesday, May 24, 2017 and held over until the regular meeting of May 30, 2017 was called up by the Presiding Officer.

RESOLUTION: 31-304-2017

Sponsored by: Councilmember Small and Mayor Stimpson

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

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents In connection with the grant application and to provide any Information required by SARPC or ALDOT.

BE IT FURTHER RESOLVED that the grant proposes to construct ADA compliant sidewalks along Dauphin Island Parkway from south of the 1-10 Interchange to Old Military Road, Mobile, Alabama.

Federal share: $159,912.80

Local match: $39,978.20

Total project estimate: $199,891.00

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, 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.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 4514 & 4518 DAUPHIN ISLAND PARKWAY (NORTHWEST CORNER OF DAUPHIN ISLAND PARKWAY AND ALBA AVENUE) FROM R-1 TO B-3 (DISTRICT 3) (APPLICANT: STEWART SURVEYING, INC.). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, June 6, 2017.

ORDINANCE: 64-023-2017

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 23 ALBA POINT, AS RECORDED IN MAP BOOK 3, PAGE 245, IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY ALABAMA; THENCE N0°36'14"E ALONG THE EAST LINE OF SAID LOT 23, FOR A DISTANCE OF 452.00 FEET T0 A POINT; THENCE N66°34'48"E 119.08 FEET TO A POINT; THENCE S03°34'46"E 218.94 FEET TO A POINT; THENCE N79°53'38"E 81.72 FEET TO A POINT ON THE RIGHT OF WAY CANAL ROAD,SAID POINT ON A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A DELTA OF 185°48'33": THENCE ALONG SAID CURVE TO THE LEFT 129.72 FEET TO A POINT; THENCE CONTINUING ALONG THE RIGHT OF WAY ALBA AVENUE N72°11'01"E 177.41 FEET TO A POINT OF CURVE, HAVING A RADIUS OF 939.56 FEET AND A DELTA OF 5°35'45"; THENCE ALONG SAID CURVE TO THE LEFT 92.00 FEET TO A POINT; THENCE S20°04'43"E 18.56 FEET TO A POINT ON THE RIGHT OF WAY OF DAUPHIN ISLAND PARKWAY (140.00' RIGHT OF WAY) SAID POINT ON A CURVE TO THE RIGHT HAVING A RADIUS OF 130,547.36 FEET, A DELTA OF 0°09'16"; THENCE ALONG SAID CURVE TO THE RIGHT AND THE RIGHT OF WAY OF DAUPHIN ISLAND PARKWAY 352.15 FEET TO A POINT; THENCE S60°34'33"W 35.62 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF ALBA AVENUE (60'R/W); THENCE N89°23'46"W 430.47 FEET TO THE POINT OF BEGINNING.

The classification of said property is hereby changed from 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) compliance with the conditions of the Mobile County Circuit Court Consent Judgement of March 25, 1998; 2) completion of the subdivision process; and 3) full compliance with all other municipal codes and ordinances.

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

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 03-306 through 58-310 being introduced for the first time. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

CONSENT RESOLUTIONS BEING INTRODUCED:

APPROVE THE APPOINTMENT OF NEW DIRECTORS OF THE IMPROVEMENT DISTRICT OF THE CITY OF MOBILE-MCGOWIN PARK PROJECT. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 03-306-2017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA APPROVING THE APPOINTMENTS OF NEW DIRECTORS OF THE IMPROVEMENT DISTRICT OF THE CITY OF MOBILE - MCGOWIN PARK PROJECT

WHEREAS, The Improvement District of the City of Mobile - McGowin Park Project, a public corporation organized by the City Council (the "Council”) of the City of Mobile (the "City”) under the laws of the State of Alabama (the "Improvement District"), is duly organized and existing under the provisions of Chapter 99A of Title 11 of the Code of Alabama (1975) (the "Act"); and

WHEREAS, the current Board of Directors of the Improvement District (the "Board") are Geoff Smith, Ben Harper, and Josh Burmeister; and

WHEREAS, Geoff Smith and Ben Harper both tendered their respective resignation from the Board to the Council; and

WHEREAS, the Council desires to accept the resignations of Geoff Smith and Ben Harper from the Board, and to appoint Tracy Joseph and John Carnesale to the Improvement District's Board of Directors, in substitution of Geoff Smith and Ben Harper.

NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE COUNCIL, as follows:

(1) That the Council hereby accepts the resignation of Geoff Smith and Ben Harper, and they are hereby removed from the Board and relieved of all authority, rights and obligations in connection with their role on the Board.

(2) That Tracy Joseph and John Carnesale are hereby appointed to the Board in substitution of Geoff Smith and Ben Harper.

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR KONG CONVENIENCE STORE, 750 HOLCOMBE AVENUE, SUITE A. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 37-307-2017

Sponsored by: Councilmember Daves

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

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

Submitted by: Sopheaktra Kong

Location: Kong Convenience Store
750 Holcombe Avenue, Suite A
Mobile, AL 36606

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be held over for two weeks until the regular meeting of Tuesday, June 13, 2017, which was seconded by Councilmember Gregory, and the vote was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution held over for two weeks until the regular meeting of Tuesday, June 13, 2017.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR CLASS II (PACKAGE STORE) LICENSE FOR KONG PACKAGE STORE, 750 HOLCOMBE AVENUE, SUITE B. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 37-308-2017

Sponsored by: Councilmember Daves

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

Type of application: Lounge Retail Liquor Class License

Submitted by: Sopheaktra Kong

Location: Kong Package Store
750 Holcombe Avenue, Suite B
Mobile, AL 36606

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be held over for two weeks until the regular meeting of Tuesday, June 13, 2017, which was seconded by Councilmember Gregory, and the vote was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution held over for two weeks until the regular meeting of Tuesday, June 13, 2017.

DECLARE WEEDS NOXIOUS, GROUP #1562. The following resolution was introduced by Councilmember Small.

RESOLUTION: 58-309-2017

A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES.

WHEREAS, a survey has been made to determine the properties upon which or in front of which noxious or dangerous weeds are growing and the agents or employees of the City of Mobile have obtained the legal description of parcels of property in the City of Mobile upon which or In front of which such weeds are growing, and it has been determined to follow the provisions of Act No. 329 of the Legislature of the State of Alabama, approved on April 28, 1988, and to have caused such weeds to be cut or otherwise abated as public nuisances:

NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE AS FOLLOWS:

SECTION 1: It has been determined by the City Council of Mobile that the weeds growing on the privately owned lots or parcels of land described in Exhibit "A." a copy of which Is on file in the Office of the City Clerk and made a part thereof as though set forth in full, known as Group #1562 under the caption "NOXIOUS OR DANGEROUS WEEDS GROWING ON PROPERTY," are noxious and dangerous, and such weeds are hereby declared to be public nuisances. The properties upon which such weeds are growing are all located within the corporate limits of the City of Mobile, about the streets referred to in the description which are more particularly described In said Exhibit "A."

SECTION 2: The weeds growing on or in front of the above described parcels of property shall be abated by the removal of such noxious or dangerous weeds or they will be removed and the nuisances abated by the City of Mobile, in which case the cost of such removal will be assessed against the respective parcels of lands from which such weeds are removed, and such cost will constitute a lien upon such respective parcels of land until paid. A public meeting Is hereby called to be held in the Auditorium of the Mobile Government Plaza, 205 Government Street, Mobile, Alabama, on the 5th day of July, 2017, at ten thirty a.m., for the purpose of hearing any objections to the declarations contained in this resolution and to the proposed removal of such weeds, at which time all objections will be heard and given due consideration by the City Council of Mobile; and it is directed that there shall be conspicuously posted in front of each parcel of property, a notice headed "NOTICE TO DESTROY WEEDS," such heading to be in words not less than one inch in height and substantially in the form set out in such Act No. 329, approved April 29, 1988.

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

Ayes: Richardson, 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 #1553. The following resolution was introduced by Councilmember Small.

RESOLUTION: 58-310-2017

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 Group No, 1553 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 Small moved that the resolution be adopted, which was seconded by Councilmember Williams, and the vote was as follows:

Ayes: Richardson, 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 CIP RESOLUTION BEING INTRODUCED FOR THE FIRST TIME.

Councilmember Richardson moved for the suspension of the rules to consider CIP Resolutions 21-312, 31-314 and 31-319 being introduced for the first time. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH AECOM TECHNICAL SERVICES FOR 2017 CIP, 2016 PAYGO-COUNTY COMMISSION DISTRICT 2, $75,000.00 (CIP 2017, D4, 5 AND 7; PROJECT NO. 2017-3005-03; CO118). The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 6, 2017.

RESOLUTION: 21-311-2017

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

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

Name of company: AECOM Technical Services, Inc.

Project name: 2017 CIP, 2016 PAYGO-County Commission District 2

Estimated cost: $75,000.00

AUTHORIZE CONTRACT WITH POLYSURVEYING OF MOBILE, INC. FOR 2017 CIP (D4, #257) LARUE STEINER ROAD DRAINAGE STUDY, $15,000.00 (PROJECT NO. 2017-3005-09; CO138). The following resolution was introduced by Councilmember Williams.

RESOLUTION: 21-312-2017

Sponsored by: Councilmember Williams 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: Polysurveying of Mobile, Inc.

Project name: 2017 CIP, (D4, #257) Larue Steiner Road Drainage Study

Project No. 2017-3005-09

Estimated cost: $15,000.00

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

Ayes: Richardson, 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 SUNSET CONTRACTING, INC. FOR ACCESS IMPROVEMENTS ON COTTAGE HILL ROAD AT CARRIAGE HILLS, $98,866.29 (2016 CIP PROJECT #306; 2016-165-03; CO230). The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 6, 2017.

RESOLUTION: 21-313-2017

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below; for construction access improvements on Cottage Hill Road at the entrance to Carriage Hills Subdivision, 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: Sunset Contracting, Inc.

City of Mobile project no.: 2G16-165-03

Capital project no.: C0230

Amount: $98,866.29

AUTHORIZE APPLICATION FOR A TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT TO INCLUDE ADA COMPLIANT SIDEWALKS ALONG THE SOUTHSIDE OF AIRPORT BOULEVARD (WEST OF REGENCY SUBDIVISION ENTRY TO HILLCREST ROAD), $173,800.00 (GRANT FUNDS $133,826.00; CITY MATCH $39,974.00, TO BE PROVIDED BY CIP). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 31-314-2017

Sponsored by: Councilmember Rich and Mayor Stimpson

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

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant application and to provide any information required by SARPC or ALDOT.

BE IT FURTHER RESOLVED that the grant proposes to construct ADA compliant sidewalks on the Southside of Airport Boulevard (west of Regency Subdivision entry to Hillcrest Road), Mobile, Alabama.

Federal share: $159,896.00

Local match: $39,974.00

Total project estimate: $199,870.00

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

Ayes: Richardson, 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 APPLICATION FOR A TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT TO INCLUDE ADA COMPLIANT SIDEWALKS ALONG THE OLD SHELL ROAD FROM DURANT STREET TO UNION AVENUE, $250,516.00 (GRANT FUNDS $200,000.00; CITY MATCH $50,516.00, TO BE PROVIDED BY CIP). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 31-319-2017

Sponsored by: Councilmember Richardson and Mayor Stimpson

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

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant application and to provide any information required by SARPC or ALDOT.

BE IT FURTHER RESOLVED that the grant proposes to construct ADA compliant sidewalks along Old Shell Road from Durant Street to. Union Avenue, Mobile, Alabama.

Federal share: $200,000.00

Local match: $50,516.00

Total project estimate: $250,516.00

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

Ayes: Richardson, 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:

REALLOCATE $6,600.00 FROM CAPITAL PROJECT #C0080 DISTRICT 2 MISCELLANEOUS CAPITAL IMPROVEMENT (FUND 2000) TO CAPITAL PROJECT #C0069 RECREATION-PARKS-RICKARBY PARK IMPROVEMENTS. The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 6, 2017.

RESOLUTION: 09-315-2017

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $6,600 be reallocated from Capital Project #C0080 District 2 Miscellaneous Capital Improvement (Fund 2000) to Capital Project #C0069 Recreation - Parks-Rickarby Park Improvements.

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE FUNDING FROM THE FY2016 FIRE PREVENTION AND SAFETY GRANT FOR COMMUNITY RISK REDUCTION-GENERAL PREVENTION AND AWARENESS, $487,645.00 (GRANT FUNDS $464,424.00; CITY MATCH $23,221.00). The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 6, 2017.

RESOLUTION: 31-316-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor is hereby authorized to file a grant through the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), in the amount of $487,645.00 under the FY 2016 Fire Prevention and Safety Grants Program, Community Risk Reduction Project, to be used for the Mobile Fire-Rescue Department.

BE IT FURTHER RESOLVED that the Mobile City Council commits to provide 5% matching funds if said grant is awarded.

ASSENT TO THE VACATION OF AN ALLEY RUNNING FROM SOUTH CLAIBORNE STREET TO SOUTH FRANKLIN STREET, BETWEEN GOVERNMENT STREET AND CHURCH STREET (DISTRICT 2) (APPLICANT: MOBILE CARNIVAL ASSOCIATION, INC., CONGRESS STREET WAREHOUSE, LLC AND THE SOCIETY OF 1842, INC.). The following resolution was held over for one (1) week until the regular meeting of Tuesday, June 6, 2017.

RESOLUTION: 47-317-2017

WHEREAS, pursuant to Section 23-4-20 of the Code of Alabama. The Mobile Carnival Association, Inc., an Alabama non-profit corporation ("MCA"), Society of 1842, Inc., an Alabama non-profit corporation ("1842"), and Congress Street Warehouse, LLC, an Alabama limited liability company ("Congress" and together with MCA and 1842 collectively the "Petitioners"), have jointly submitted a Petition to the Mobile City Council to vacate the public right-of-way described below, all lying within the city limits of Mobile, Alabama; and

WHEREAS, the Parties have petitioned the City Council of Mobile, Alabama, to assent to the vacation of such unused Alley owned by the City of Mobile and it has been shown to the satisfaction of the Mobile City Council that the Parties are the sole owners of the real property abutting the Alley; and

WHEREAS, the vacation of the Alley will not deprive any other property owner of such right as such property owner may have to convenient and reasonable ingress and egress to and from such other property; and

WHEREAS, notice of the hearing on the Petition was provided to all utility providers with utility lines or facilities in the Alley in accordance with applicable law; and

WHEREAS, entities with utility lines, equipment or facilities in place at the time of vacation, shall have the right to continue to maintain, extend, and enlarge their lines, equipment and facilities to the same extent as if the vacation had not occurred; and

WHEREAS, notice of the hearing on the Petition was provided in accordance with applicable law, including publication in the Mobile Press-Register, a newspaper of general circulation in Mobile, Alabama; and

WHEREAS, the City Council finds that the Alley is not needed as a public right-of-way and the vacation of the Alley is in the public interest.

NOW, THEREFORE, BE IT RESOLVED by the Mobile City Council that its assent be, and it is hereby given to The Mobile Carnival Association, Inc., Society of 1842, Inc., and Congress Street Warehouse, LLC, as the abutting property owners, to the vacation and closing by them of the following described right of way, more particularly described as follows:

Beginning at the Southeast corner of Lot 2, Amended Land Disposal Map, East Church Street Area First Addition, as recorded in Map Book 19, Page 133, Probate Court Records, Mobile County, Alabama, thence south 22°13'00" east along the west line of Claiborne Street 15.00 feet; thence south 70°41’15" West 78.90 feet; thence south 19°58'05" east 50.55 feet to the comer of lot 1, Amended Land Disposal Map, East Church Street Area First Addition; thence south 70M1' 15" west along the north line of lot 1 a distance of 58.74 feet; thence continue along the north line of said Lot 1 south 69°52'05" west 56.70 feet; thence south 48°55'07" west 23.21 feet to a point on the east line of Franklin Street; thence north 21°59' 15" west along said east line 15.86 feet to the southwest comer of Lot 3, Amended Land Disposal Map, East Church Street Area First Addition; thence north 48°38'04" east 20.94 feet; thence north 69°57'41" east 59.37 feet to the southwest comer of Lot 2; thence north 70°45" west 43.74 feet to a comer of Lot 2; thence north 20°13'22" west 50.50 feet to a corner of Lot 2; thence north 70°41'15" east 93.56 feet to the point of beginning.

ANNOUNCEMENTS:

Councilmember Richardson announced a Trinity Gardens community meeting will be held on Thursday, June 15, 2017, 6:00 p.m., at the Dotch Community Center.

Councilmember Rich expressed she hoped everyone had a safe and reflective Memorial Day weekend.

Councilmember Rich recounted that the Mobile Pops concert on Saturday at Medal of Honor Park was well attended and enjoyed by all.

Councilmember Rich reminded residents a district six community meeting will be held on Thursday, June 15, 2017, 6:30 p.m., at the Connie Hudson Mobile Regional Senior Community Center. The topic of discussion will be public safety.

Councilmember Small thanked the Principal and staff of Craighead Elementary School for inviting him to be a guest speaker to the fifth grade class commencement last Friday.

Councilmember Small stated he will be the guest speaker at the fifth grade class commencement at Maryvale Elementary School on Thursday, June 1, 2017.

Councilmember Williams noted he has been approached by many citizens that have expressed their appreciation for the work the City is accomplishing on infrastructure.

Councilmember Williams requested residents contact his office for assistance while he is out of town from June 1 through June 9, 2017.

Councilmember Gregory reported that the Market in the Park at Lavretta Park started last Thursday and will run through July 27, 2017. The hours will be every Thursday afternoon from 3:00 p.m. – 6:00 p.m.

Councilmember Gregory announced a district seven community meeting will be held Monday, June 12, 2017, at St. John United Methodist Church.

Councilmember Gregory stated the last off-site Council meeting will be held on Tuesday, June 27, 2017, at Burroughs Elementary School.

The Presiding Officer adjourned the regular meeting at approximately 11:52 a.m.

Approved: June 6, 2017

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK








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