Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


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The City Council meets every Tuesday


9:00 a.m. - Pre Council Meeting in the Council Conference Room on the 9th Floor of the South Tower in Government Plaza.

10:30 a.m. - The Council Meeting begins in Government Plaza Auditorium on the First Floor.


Council minutes for Jul 18, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 18, 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, July 18, 2017, at 9:00 a.m.

Present:
Chairman: Gregory
Councilmembers: Richardson, Manzie, Small, Williams, Daves and Rich
Absent: None

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: July 25, 2017

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
ASSISTANT CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, JULY 18, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, July 18, 2017, at 10:30 a.m., in regular meeting.

The meeting was called to order by Assistant City Clerk Mary Ann Merchant.

Council Vice-President Fredrick Richardson, District One Representative, 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: None

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 July 11, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Chief of Staff Paul Wesch reported that Mayor Stimpson was absent from today’s meeting because he is attending the inaugural class of the Bloomberg Harvard City Leadership. The focus is on enabling the mayor and his administration to bring best practices back to Mobile in order to improve the city and the lives of residents. This initiative is a collaboration among Bloomberg Philanthropies, Harvard Kennedy School, and Harvard Business School.

ADOPTION OF THE AGENDA:

Councilmember Small moved to adopt the agenda, 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 Assistant City Clerk whereupon the Presiding Officer declared the agenda adopted.

APPEALS:

The Council considered the appeal of Andrea R. Moore and E. Parks Moore concerning the Architectural Review Board’s denial of the application to construct side and rear fencing at 102 Levert Avenue.

The following persons spoke in favor of the appeal:

Andrea R. Moore, 102 Levert Avenue
Douglas Douglas Burtu Kearley, 102 Levert Avenue
Corinna Luce, 104 Levert Avenue

The following persons spoke in opposition to the appeal:

Assistant City Attorney Florence Kessler, 205 Government Street
Historic Development Deputy Director Cartledge Blackwell, 205 Government Street

Councilmember Richardson moved that the appeal be granted which motion was seconded by Councilmember Small, following comments from Councilmember Richardson and Rich the vote was as follows:

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

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

The Council considered the request of Kingdom Covenant Connections, Inc. for a waiver of the Noise Ordinance at Spanish Plaza Park, 401 Government Street, on September 8, 2017, from 6:00 p.m. until 8:30 p.m. (District 2).

Councilmember Small moved that the waivers be granted which motion 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

The Council considered the request of Tyeshia Mose-Lofton, S. A. V. E. Stop All Violence Everywhere, for a waiver of the Noise Ordinance at Cathedral Square, on September 8, 2017, from 6:00 p.m. until 8:30 p.m. (District 2).

Councilmember Small moved that the waiver be granted which motion 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

The Council considered the request of Gloria Sullivan for a waiver of the Noise Ordinance at 82 Burtonwood Drive on September 10, 2017, from 2:00 p.m. until 10:00 p.m. (District 7).

Councilmember Small moved that the waivers be granted which motion 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

The Council considered the request of Damian Marks, Sr. for a waiver of the Noise Ordinance at Taylor Park on July 22, 2017, from 12:00 p.m. until 6:00 p.m. (District 3).

Councilmember Small moved that the waiver be granted which motion 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 Assistant City Clerk, whereupon the Presiding Officer declared the waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 3450 GIRBY ROAD (NORTH SIDE OF GIRBY ROAD, 160 ± EAST OF HILLCREST ROAD) FROM B-1 AND B-3 TO B-1 (DISTRICT 6).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 3450 Girby Road from B-1 and B-3 to B-1 and asked if there was anyone present to speak for or against this matter.

Bobby McBride, 3205 Lofton Drive, spoke in support of the rezoning.

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

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 1566 EAST DUBLIN STREET, $2,540.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of the structure at 1566 East Dublin 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.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

None.

NON-AGENDA ITEMS:

William Carroll, 254 S. Broad Street, commended the Mayor and Administration, as well as the Mobile Police Department, for addressing the increasing crime rate in his neighborhood.

Councilmember Manzie presented proclamations to the mentors and participants of Ladies Exploring All Possibilities (LEAPs) Mentoring Program founded by President Shannon Taylor Nobles.

RESOLUTIONS HELD OVER:

AUTHORIZE AGREEMENT FOR THE ACCEPTANCE AND PROCESSING OF SOURCE SEPARATED RECYCLABLES WITH EMERALD COAST UTILITIES AUTHORITY, $125,000.00 (FOR PERIOD MAY 1, 2017-SEPTEMBER 30, 2019). The following resolution which was introduced and read at the regular meeting of Tuesday, April 18, 2017 and held over until the regular meeting of April 25, 2017, then held over until the regular meeting of May 16, 2017, and held over again until the regular meeting of June 20, 2017, held over again until the regular meeting of July 11, 2017, and held over once more until the regular meeting of July 18, 2017 was called up by the Presiding officer.

RESOLUTION: 01-224-2017

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 Emerald Coast Utilities Authority, in the amount of revenue or expense determined by a referenced market price index for recyclable commodities, but not to exceed $125,000, for a period to begin May 1, 2017, and to expire on September 30, 2019, for the receipt and processing of City of Mobile recyclables 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.

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

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

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

AUTHORIZE CONTRACT WITH AMWASTE LLC FOR THE RENTAL OF EQUIPMENT TO COLLECT AND TRANSPORT RECYCLABLES, $900,000.00 (THREE YEAR PERIOD). The following resolution which was introduced and read at the regular meeting of Tuesday, April 18, 2017 and held over until the regular meeting of April 25, 2017, then held over until the regular meeting of May 16, 2017, and held over again until the regular meeting of June 20, 2017, held over again until the regular meeting of July 11, 2017, and held over once more until the regular meeting of July 18, 2017 was called up by the Presiding officer.

RESOLUTION: 21-225-2017

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 Amwaste LLC, in the amount not to exceed $900,000, for a three-year period to begin May 1, 2017, for the rental of equipment to collect and the transportation of City of Mobile recyclables 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.

The resolution was read by the Assistant City Clerk; whereupon Councilmember Williams moved that the resolution be adopted, which 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 3450 GIRBY ROAD (NORTH SIDE OF GIRBY ROAD, 160 ± EAST OF HILLCREST ROAD) FROM B-1 AND B-3 TO B-1 (DISTRICT 6). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, July 25, 2017.

ORDINANCE: 64-025-2017

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:

THAT REAL PROPERTY SITUATED IN THE COUNTY OF MOBILE, STATE OF ALBAMA, DESCRIBED AS FOLLOWS, TO WIT:

FROM THE SOUTHWEST CORNER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE, 2 WEST, MOBILE COUNTY, ALABAMA; RUN THENCE NORTH 87 DEGREES, 28 MINUTES, 15 SECONDS EAST 40 FEET TO A POINT: THENCE NORTH 0 DEGREES, 11 MINUTES, 10 SECONDS WEST 40 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HERIEN DESRIBED; THENCE CONTINUE NORTH 0 DEGREES, 11 MINUTES, 10 SECONDS WEST AND ALONG TBQE EAST LINE OF HILLCREST ROAD, 1290.98 FEET TO A POINT; THENCE NORTH 89 DEGREES, 20 MINUTES, 31 SECONDS EAST 623.39 FEET TO A POINT; THENCE SOUTH 0 DEGREES, 13 MINUTES, 47 SECONDS EAST 1, 292.38 FEET TO A POINT; THENCE SOUTH 89 DEGREES, 28 MINUTES, 15 SECONDS WEST AND ALONG THE NORTH LINE OF GIRBY ROAD A DISTANCE OF 62437 FEET TO THE POINT OF BEGINNING.

LESS AND EXCEPT THE FOLLOWING PROPERTY VIZ:

LOT 1, HILLCREST GIRBY SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED IN MAP BOOK 36, PAGE 83 IN THE OFFFICE OF THE JUDGE OF PROBATE OF MOBILE COUNTY, ALABAMA.

AND

LESS AND EXCEPT ANY PORTION OF SAID PROPERTY WHICH LIES WITHIN THE RIGH OF WAY OF GIRBY ROAD AND HILLCREST ROAD.

The classification of said property is hereby changed fi-om B-1, Buffer-Business District, and B-3, Community Business District, to B-1, Buffer-Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-1, Buffer-Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-1, Buffer-Business District, until all of the conditions set forth below have been complied with: 1) Approval limited to an approved Planned Unit Development; 2) Completion of the Subdivision process; and 3) Full compliance with all other municipal codes and ordinances, including landscaping and tree plantings.

Section two; This Ordinance shall be in force and effect from and after its adoption and publication.

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

Councilmember Richardson moved for the suspension of the rules to consider Consent Resolutions 03-418 through 58-424 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:

APPOINT CHRISTOPHER BATTISTE, JR. TO THE MOBILE CITY-COUNTY YOUTH COUNCIL. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 03-418-2017

Sponsored by: Councilmember Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Christopher Battiste, Jr. is hereby appointed to the Mobile City-County Youth Council effective immediately.

The resolution was read by the Assistant 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, Manzie, Small, Williams, Daves and Gregory
Nays: None

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

AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH MALINDA GRAY TO PROVIDE SERVICES AS ELECTIONS SPECIALIST FOR THE CITY OF MOBILE ABSENTEE ELECTION OFFICE FOR THE 2017 MUNICIPAL ELECTION, $1,600.00 BI-WEEKLY (CITY HALL OVERHEAD). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 21-419-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a professional services contract with Malinda Gray, in the amount of $1,600 bi-weekly, to provide services as Elections Specialist for the City of Mobile Absentee Election Office for the 2017 Municipal Election, 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.

The resolution was read by the Assistant 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, Manzie, Small, Williams, Daves and Gregory
Nays: None

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

AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH KEAIRRA GREEN TO PROVIDE SERVICES AS ELECTIONS SPECIALIST FOR THE CITY OF MOBILE ABSENTEE ELECTION OFICE FOR THE 2017 MUNICIPAL ELECTION, $1,600.00 BI-WEEKLY (CITY HALL OVERHEAD). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 21-420-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a professional services contract with KeAirra Green, in the amount of $1,600 bi-weekly, to provide services as Elections Specialist for the City of Mobile Absentee Election Office for the 2017 Municipal Election, 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.

The resolution was read by the Assistant 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, Manzie, Small, Williams, Daves and Gregory
Nays: None

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

AUTHORIZE A NON-EXCLUSIVE ACCESS EASEMENT AND RIGHT-OF-WAY AGREEMENT WITH VERAMAR, LLC. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 25-421-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, AU\BAMA. 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 Non-Exclusive Access Easement and Right-of-Way Agreement between City of Mobile and Veramar, LLC, as outlined in the easement agreement attached hereto and made a part hereof as though set forth in full herein. A copy of said agreement is on file in the office of the City Clerk.

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

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

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

FIX COSTS FOR DEMOLITION OF STRUCTURE AT 1566 EAST DUBLIN STREET, $2,540.00 (DISTRICT 2). The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 40-422-2017

Sponsored by: Councilmember Manzie

WHEREAS, notice has been duly given pursuant to Ordinance No. 11-085, adopted November 26, 2002, affording to all persons an opportunity to be heard concerning the fixing of cost for the demolition of structure at 1566 East Dublin Street and the City Council of the City of Mobile having held such public hearing in connection therewith;

WHEREAS, an Itemized report in writing has been made to the City Council of the City of Mobile showing the costs involved In the demolition of structure at 1566 East Dublin Street to be $2,540.00 and the City Council, having received the report and heard all objections which have been raised by any of the interested parties liable to be assessed for the cost of the work, finds and determines that such costs are reasonable and in all respects should be confirmed;

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

Section 1. The amount of $2,540.00 shall constitute a special assessment against the property at 1566 East Dublin Street and being that property more particularly described as follows:

PT OF LOTS 17 & 18 BLK 23 CAMP GROUND TRACT DBK 48/343 DESC AS BEG AT SE COR OF LOT 18 TH RUN NLY 72 FT TO A PT TH RUN WLY 50 FT TO A PT TH RUN SLY 72 FT TO A PT TH RUN ELY 50 FT TO POB #SEC 40 T4S R1W #MP29 06 40 0 004

Parcel #: 02-29-10-28-1-003-047

Last assessed to: Yarborough Machine and Iron
c/o City of Mobile
205 Government Street
Mobile, AL 36602

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

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

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

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

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

DECLARE WEEDS NOXIOUS, GROUP #1565. The following resolution was introduced by Councilmember Small.

RESOLUTION: 58-423-2017

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 #1565 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 22nd day of August 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 ail 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 Assistant City Clerk; whereupon Councilmember Small moved that the resolution be adopted, which was seconded by Councilmember Williams, following comments from Councilmember Rich the vote was as follows:

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

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1557. The following resolution was introduced by Councilmember Small.

RESOLUTION: 58-424-2017

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. 1557 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 Assistant 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, Manzie, Small, Williams, Daves and Gregory
Nays: None

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

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE AGREEMENT WITH SUMMER PLACE SUBDIVISION HOMEOWNERS ASSOCIATION FOR THE COMPLETION OF CITY PROJECT NO. 2016-202-20-2016, GROUP C. The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 25, 2017.

RESOLUTION: 01-430-2017

Sponsored by: Councilmember Gregory

AGREEMENT BETWEEN CITY OF MOBILE AND SUMMER PLACE SUBDIVISION HOMEOWNERS ASSOCIATION

This Agreement is made and entered into by and between the City of Mobile, a municipal corporation in the State of Alabama ("City"), and the Summer Place Subdivision Homeowners Association ("HOA"), a non-profit corporation organized and existing under the laws of the State of Alabama for the benefit of the owners of property in existing and any future units of Summer Place Subdivision (the "Private Owners"); and,

WHEREAS, HOA owns a detention pond and/or storm water detention system erected on Parcel R0220802042000008.011, 1945 Summer Place Drive (the "Detention Pond"), to capture rain water runoff, see: deed from The Mitchell Company to the Summer Place Subdivision Homeowners Association, records of the Probate Court of Mobile County, Alabama, Real Property Book 2721, Page 278 (Exhibit A); Articles of Incorporation of Summer Place Homeowners Association, records of the Probate Court of Mobile County, Alabama, Real Property Book 2684, Page 628 (Exhibit B); and Amendment to Declaration of Restrictions and Covenants for Summer Place Unit One, records of the Probate Court of Mobile County, Alabama, Real Property Book 2684, Page 635 (Exhibit C); and,

WHEREAS, HOA has failed to maintain the Detention Pond, and said Pond has now deteriorated to the extent that, in its current condition, it is dangerous, offensive and unwholesome to the neighborhood, and threatens to damage or injure adjacent properties including but not limited to the residential property located at 1947 Summer Place Drive; and,

WHEREAS, the City in the interest of promoting public health, safety, morals and general welfare, is authorized to prevent injury or annoyances from conditions that are dangerous, offensive, or unwholesome and to cause all nuisances to be abated and to assess the cost of abating the same against the person creating or maintaining the same, Alabama Code Sec. 11-47-117; and,

WHEREAS, the City desires to abate the nuisance created by the Detention Pond by cleaning and stabilizing the detention area (the "Project"); and,

WHEREAS, the HOA acknowledges that it owns the detention facility, that it is responsible for the maintenance of the detention facility, that it has failed to maintain the detention facility and that the condition of the facility is now beyond the capacity of the HOA to correct, and, further, that failure to correct said condition creates a dangerous, offensive, and unwholesome condition that threatens to injure adjacent properties; and,

WHEREAS, the HOA desires to have the City remedy the nuisance condition and the HOA agrees thereafter to undertake its responsibility to properly maintain its detention facility;

NOW, THEREFORE, FOR AND IN CONDITION OF THE PREMISES WHICH ARE DEEMED A MATERIAL PART OF THIS AGREEMENT and by reference are incorporated herein, the mutual agreements, covenants, provisions and terms of this Agreement as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged by City and the HOA, agree and covenant with and unto each other as follows:

1. The City of Mobile will complete the Project, known as City Project Number 2016-202-20, 2016 Group C, drainage improvements and repairs, Site Number 4 Summer Place ("City Project"), by and through a contract with John G. Walton Construction Co., authorized by City Council Resolution Number 21-528, adopted August 30, 2016. The estimated cost of the project is approximately $50,000, and is provided for in the budget for the City's 2016 Capital Improvement Plan, District 7.

2. HOA, desires to grant City, and City's authorized agents, contractors, and employees, a temporary right of access to, across, along, over, under and through the Detention Pond and additional access, as needed to perform the City Project, and grants the City such access by and through the Common Area Maintenance Agreement attached hereto and incorporated herein.

3. Upon completion of the City Project, the City will record a lien in the records of the Probate Court of Mobile County against 1945 Summer Place Drive for the actual cost of the Project, including engineering and testing fees, if any.

4. To the fullest extent permitted by law, the HOA covenants to defend, indemnify, hold harmless, protect, and exonerate both the City and its agents, employees, and representatives, from and against any and all liability, claims, damages, losses, suits, actions, demands, arbitrations, administrative proceedings, awards, judgments, expenses, costs, and attorneys' fees pertaining to personal injury, bodily injury, death, damage to or destruction of property (including any loss of use), economic loss or damage, safety requirements, performance or nonperformance of obligations, certifications, property rights of third parties, sickness or disease which (i) are caused in whole or in part by the HOA (herein defined to include but not to be limited to the HOA's members, employees, agents, representatives, subcontractors, suppliers, and invitees or other third parties connected with the HOA as well as the agents or employees of any of them), (ii) arise out of or are related to work undertaken or to be performed by or on behalf of the HOA, or (iii) arise out of or are related to any other act or omission relating to the HOA, the City Project, any and all work performed under this Agreement, or otherwise undertaken by the City.

5. The HOA will execute the Common Area Maintenance Agreement attached hereto and labeled Exhibit D and, following the completion of the City Project, will be solely responsible for the upkeep and maintenance of its detention facility at 1945 Summer Place Drive.

6. This Agreement, and the attached Common Area Maintenance Agreement will be recorded in the records of the Probate Court of Mobile County, Alabama, and their provisions and terms are covenants running with the land.

7. Anything in this Agreement to the contrary notwithstanding, it is expressly agreed, intended and understood that (a) the City, its elected officials, employees and agents have no duty, liability, obligation and/or responsibility to maintain or repair the Detention Pond or any other Common Area within Summer Place Subdivision; (b) in no event shall this Agreement, be construed to impose, or be construed as an assumption of any such duty, liability, obligation and/or responsibility on the City and/or on any elected official, employee or agent; (c) the maintenance and repair of the Detention Pond within the Subdivision are at all times the direct and sole duty, liability, obligation and responsibility of the HOA; and (d) the City, it elected officials, employees and agents, shall not be liable to any Private Owner and/or any other person or entity for: (i) the manner in which any of them exercise, or for the failure or refusal of any of them to exercise any authority or right granted to them herein, whether discretionary or not; (ii) the failure or refusal of the HOA to comply with any of the agreements, covenants, provisions and terms hereof; and/or (iii) the failure or refusal of City to enforce any one or more of the agreements, covenants, provisions and terms hereof against the HOA, its members, and their respective heirs, personal representatives, successors and/or assigns.

8. This Agreement, and the undertakings set forth herein, is binding on the successors, agents, heirs and assigns of the parties, but is not intended to confer any right or benefit on any person or entity not a party to this Agreement, and any such persons or entities shall not be deemed third-party beneficiaries to this Agreement.

9. This Agreement is made in, and thus shall be construed, controlled, enforced, governed and interpreted in accordance with its plain meaning in accordance with the laws of the State of Alabama, without regard to principles of conflicts of laws. For any action concerning this Agreement, jurisdiction shall be in the appropriate state or federal courts sitting in Alabama and venue shall be in the state or federal courts in Mobile County, Alabama.

10. This Agreement constitutes the entire agreement of the parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and agreements that have been made in connection with the subject matter hereof. No modification or amendment to this Agreement shall be binding upon the parties unless the same is in writing and signed by each of the respective parties hereto.

11. In the event any term or provision of this Agreement, whether material or not, should be declared illegal, null and void, unconstitutional or unenforceable, in whole or in part, the term or provision so declared shall be deemed severed from the remaining provisions of this Agreement, which shall remain in full force and effect.

AUTHORIZE MASTER SERVICES AGREEMENT WITH SAIN ASSOCIATES, INC. FOR ENGINEERING SERVICES, NTE $50,000.00. The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 25, 2017.

RESOLUTION: 01-425-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Master Services Agreement with Sain Associates, Inc., for engineering services. A copy of said Contract is on file in the office of the City Clerk.

REALLOCATE $52,400.00 FROM GENERAL LEDGER ACCOUNT #10043000.42200 PLANNING & DEVELOPMENT PROFESSIONAL AND TECHNICAL TO CAPITAL PROJECT #C0084 FACILITIES ASSESSMENTS IN THE CAPITAL IMPROVEMENT FUND (2000). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 25, 2017.

RESOLUTION: 09-426-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $52,400.00 be re-allocated from General Fund 1000.10043000.42200 E & D Professional and Technical to Capital Project #C0084 Facilities Assessment in the Capital Improvement Fund (Fund 2000).

AUTHORIZE CONTRACT WITH SAWGRASS CONSULTING, LLC FOR 2016 PAYGO-COUNTY COMMISSION DISTRICTS 1 & 3 PROJECT NO. 2017-3005-02, $118,955.00 (CO118). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 25, 2017.

RESOLUTION: 21-427-2017

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 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: Sawgrass Consulting, LLC

Project name: 2016 PAYGO - County Commission Districts 1 & 3

Project no.: 2017-3005-02

Estimated cost: $118,955.00

AUTHORIZE CONTRACT WITH CBRE, INC. FOR FACILITIES CONDITION ASSESSMENT AND DEVELOPMENT CONSULTING SERVICES, ADD $52,400.00 (PL-220-16; CO084). The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 25, 2017.

RESOLUTION: 21-428-2017

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: CBRE, INC.

Project name: AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT FOR FACILITIES CONDITION ASSESSMENT AND DEVELOPMENT CONSULTING SERVICES (PROVIDING PARKING CONSULTING SERVICES FOR "DOWNTOWN MOBILE PARKING UPDATE AND ANALYSIS”

Project number: PL-220-16

Amount: ADDITIONAL $52,400.00 TO EXISTING OONTRACT

AUTHORIZE PRELIMINARY ENGINEERING AGREEMENT ST-049-999-013 PROJECT REFERENCE NUMBER 100066564, CITY OF MOBILE 2016 TIGER GRANT, ONE MOBILE-COMPLETE STREETS INITIATIVE $3,540,000.00 STATE; $3,320,000.00 CITY MATCH. The following resolution was held over for one (1) week until the regular meeting of Tuesday, July 25, 2017.

RESOLUTION: 31-429-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED, by the City Council of the City of Mobile, Alabama, as follows;

1. That the City enters into an Agreement with the State of Alabama, acting by and through the Alabama Department of Transportation for;

Preliminary Engineering for Project ST-049-999-013, Project Reference Number 100066564 and Construction, Project Reference Number 100066565 for the One Mobile - Complete Streets Initiative on Broad Street in the City of Mobile which Agreement is before this Council.

2. That the Agreement be executed In the name of the City, by its Mayor, for and on its behalf.

3. That the Agreement be attested by the City Clerk and the seal of the City affixed thereto.

BE IT FURTHER RESOLVED, that upon the completion of the execution of the Agreement by all parties, that a copy of such Agreement be kept on file by the City Clerk.

ANNOUNCEMENTS:

Councilmember Richardson indicated that bids have been accepted to correct the flood problems on Grand Boulevard.

Councilmember Richardson cautioned residents travelling Old Shell Road and Florida Street to be aware of construction related to the new Midtown Publix.

Councilmember Daves reported the Hip Hop Week events held last week were enjoyed by many.

Councilmember Manzie stated a district two community meeting will be held Thursday, July 20, 2017, 6:00 p.m., at All Saints Episcopal Church. The topic of the meeting will be the recent rise in crime.

Councilmember Manzie advised TIGER grant workshops for district two will be held from 5:00 – 7:00 p.m. on Monday, July 24, 2017, at St. Peter Baptist Church and Tuesday, July 25, 2017, at Stewart Memorial CME Church.

Councilmember Rich thanked the Administration for their assistance with and residents for attending the ribbon cutting at the Playground Express at Medal of Honor Park this past Saturday.

Councilmember Rich encouraged citizens to take advantage of the sales tax holiday this weekend.

Councilmember Rich announced the Police Citizens’ Community Relations Advisory Council will meet in district six on Thursday, August 10, 2017, 6:00 p.m., at the Connie Hudson Mobile Regional Senior Community Center.

Councilmember Small indicated a TIGER grant workshop for district three will be held on Thursday, July 27, 2017, 5:00 p.m., at Christ Temple Apostolic Church.

Councilmember Small declared the annual “Back to School Rally” will be held Sunday, August 3, 2017, 3:00 p.m. at the Pleasant Valley Shopping Center.

Councilmember Williams noted that the Council and Administration are working hard to ensure City parks are the best they can be.

Councilmember Williams expressed his concerns regarding flooding due to recent rains.

Councilmember Williams suggested residents call 311 to schedule special trash pick-up if they are concerned the amount exceeds what the City allows.

Councilmember Gregory reported she contributed discretionary funds to a partnership program between the City and Habitat for Humanity where assistance is given to homeowners for house painting and renovations.

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

Councilmember Gregory stated a Back to School Bash will be held on Saturday, August 12, 2017, at Hillsdale Recreation Center. Participants are encouraged to contribute school supplies for needy children.

Councilmember Gregory announced a district seven community meeting will be held Tuesday, July 18, 2017, 6:00 p.m., at Spring Hill Baptist Church.

The Presiding Officer adjourned the regular meeting at approximately 11:43 a.m.

Approved: July 25, 2017

_____________________________
COUNCIL PRESIDENT


_____________________________
ASSISTANT CITY CLERK








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