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 Aug 15, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, AUGUST 15, 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, August 15, 2017, at 9:00 a.m.

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

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 10:30 a.m.

The Presiding Officer adjourned the meeting.

Approved:

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, AUGUST 15, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, August 15, 2017, at 10:30 a.m., in regular meeting.

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

Reverend Patricia King, Associate Minister, Pilgrim Rest AME Zion Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Councilmember Gregory asked the audience to remain standing for a moment of silence to honor the victims of the recent attack in Charlottesville, Virginia.

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 August 8, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson expressed his sympathies and concerns regarding the recent attack in Charlottesville, Virginia.

Mayor Stimpson recognized Firefighter Blake Duke as “Firefighter of the Month” for July 2017.

Mayor Stimpson stated that Blast Fitness will be relocating its corporate headquarters to Mobile.

Mayor Stimpson announced the City and Leadership Mobile’s Environment Project Group are partnering to host Single Stream Saturday on August 19, 2017, 8:00 – 11:00 a.m. The events are designed to promote the new single stream recycling locations in Midtown and at Langan Park.

Mayor Stimpson advised citizens are able to view the City’s stormwater management plan at www.stormwatermobile.org. Comments may be submitted via e-mail to stormwater@cityofmobile.org through September 2, 2017.

Councilmember Rich read a proclamation declaring Tuesday, August 15, 2017 as “University of South Alabama’s Ceramic Program Day” in Mobile for their assistance given to the new hand print tile wall in Medal of Honor Park. Professor Tony Wright, Ramon Deanda and Lauren Carroll accepted on behalf of the organization.

ADOPTION OF THE AGENDA:

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

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

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

APPEALS:

The Council considered the request of Alice Dixon, Helveston Street Neighborhood Association, for a waiver of the Noise Ordinance on Helveston Street between Wagner and Hathcox Streets on September 2, 2017, from 3:00 p.m. until 10:00 p.m. (District 1).

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

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

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

The Council considered the request of Mary McAleer, Ronald McDonald House Charities of Mobile, for a waiver of the Noise Ordinance at Cooper Riverside Park on August 26, 2017, from 8:00 a.m. until 1:00 p.m. (District 2).

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

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

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

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 75, 113, 123 AND 129 WEST DRIVE & 108, 110, 114, 120 AND 124 CENTER 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 AND R-3, TO R-3.

The Presiding Officer announced that today was the day for the public hearing to rezone property at 75, 113, 123 and 129 West Drive and 108, 110, 114, 120 and 124 Center Drive and asked if there was anyone present to speak for or against this matter.

Casey Pipes, 2255 Ashland Place, and Craig Stipes, Greenville, South Carolina, spoke in favor of the rezoning.

Brooke Lopeman, 6201 Old Shell Road, spoke in opposition of the rezoning.

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 DETERMINE IF THE STRUCTURE AT 1148 MICHIGAN AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1148 Michigan Avenue is a public nuisance and order it repaired or demolished 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 DETERMINE IF THE STRUCTURE AT 1456 BAY AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1456 Bay Avenue is a public nuisance and order it repaired or demolished 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 DETERMINE IF THE STRUCTURE AT 410 DUNBAR STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 410 Dunbar Street is a public nuisance and order it repaired or demolished 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 DETERMINE IF THE STRUCTURE AT 2001 EDWARDS AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 2001 Edwards Avenue is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

Bailey Powell, speaking on behalf of her brother Victor Powell, asked the Council for more time to secure the structure. Councilmember Gregory referred Ms. Powell to Deputy Director of Mobile Municipal Enforcement David Daughenbaugh.

Angela Brown, speaking on behalf of her father, asked the Council for more time to secure the structure. Councilmember Gregory referred Ms. Powell to Deputy Director of Mobile Municipal Enforcement David Daughenbaugh.

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 DETERMINE IF THE STRUCTURE AT 1263 ADAMS STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1263 Adams Street is a public nuisance and order it repaired or demolished 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:

AUTHORIZE DEDICATION OF A STRIP OF CITY-OWNED VACANT LAND AS RIGHT-OF-WAY FOR WIDENING OF ZEIGLER BOULEVARD. The following ordinance which was introduced and read at the regular meeting of Tuesday, August 8, 2017 and held over for one (1) week until the regular meeting of August 15, 2017 was called up by the Presiding Officer.

ORDINANCE: 57-027-2017

Sponsored by: Councilmember Gregory and Mayor Stimpson

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

SECTION ONE: Whereas the City of Mobile owns certain vacant land on Zeigler Boulevard.

SECTION TWO: The City of Mobile and the Alabama Department of Transportation are involved in a project to widen Zeigler Boulevard between Schillinger Road and Cody Road.

SECTION THREE: The plans for widening Zeigler Boulevard require extra right-of-way for the extra lanes.

SECTION FOUR: The ALDOT plans need a piece of the vacant City land as right-of-way.

SECTION FIVE: The attached described City-owned land is hereby dedicated as right-of-way for the widening of Zeigler Boulevard.

SECTION SIX: This ordinance shall be in full force and effect from and after its adoption and publication as required by Law.

EXHIBIT A

LEGAL DESCRIPTION

A part of the SW 1/4 of SE 1/4 Section 7, Township 4-S, Range 2-W, identified as Tract No. 12A on Project NO. STPMB-7550(601) in Mobile County, Alabama and being more fully described as follows:

Commencing at a found K" iron pipe at the generally accepted NW corner of the SW 1/4 of the SE Vi of Section 7, Township 4-S, Range 2-W;

thence in a southerly direction and along the quarter section line a distance of 1215 feet, more or less, to a point on the acquired R/W line (said line offset 95' LT and parallel with the center line of project), which is the point of BEGINNING;

thence following the curvature thereof an arc distance of 462.54 feet and along the acquired R/W line to a point on the grantor's east property line (said arc having a chord bearing of N 66''51'35" E, a counterclockwise direction, a chord distance of 459.17 feet and a radius of 1105.00 feet);

thence S 27''35'3r' E and along said grantor's property line a distance of 52.11 feet to a point on said grantor's property line;

thence S 9''37'26" E and along said grantor's property line a distance of 65.42 feet to a point on the present north R/W line of Zeigler Blvd;

thence following the curvature thereof an arc distance of 483.39 feet and along said present R/W line to a point on the grantor's west property line (said arc having a chord bearing of S 73''28'22" W, a clockwise direction, a chord distance of 476.40 feet and a radius of 818.90 feet);

thence N 0''30'3" W and along said grantor's property line a distance of 65.76 feet to the point and place of BEGINNING.

The ordinance was read by the City Clerk; whereupon Councilmember Gregory moved that the ordinance 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 City Clerk, whereupon the Presiding Officer declared the ordinance adopted.

ORDINANCE DEEMING PROPERTY NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORIZING THE SALE OF 350 ST. JOSEPH STREET TO THE SEAMAN’S HALL, LLC. The following ordinance which was introduced and read at the regular meeting of Tuesday, August 8, 2017 and held over for one (1) week until the regular meeting of August 15, 2017 was called up by the Presiding Officer.

ORDINANCE: 88-028-2017

Sponsored by: Councilmember Manzie and Mayor Stimpson

AN ORDINANCE DEEMING CERTAIN PROPERTY NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE THEREOF WITH SEAMAN’S HALL, LLC

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

SECTION ONE: It is hereby found and determined by the City Council of the City of Mobile, Alabama, that the real property hereinafter described is not now needed for public or municipal purposes and that it is in the best interest of the City of Mobile and in the public interest that said property be sold to the Seaman’s Hall, LLC:

SEE ATTACHED EXHIBIT ‘A’

SECTION TWO: The Mayor and the City Clerk are hereby authorized and directed to execute and attest, respectively, for and in the name of and on behalf of the City of Mobile, the Agreement for the property shown above.

SECTION THREE: Said Agreement is by reference made a part of this Ordinance as fully as if set forth herein and a copy of such will be on file in the office of the City Clerk of the City of Mobile, 9th Floor, Government Plaza, 205 Government Street, Mobile, Alabama.

SECTION FOUR: The Mayor and City Clerk are also hereby authorized and directed to execute and attest, respectively, for and in the name and on behalf of the City of Mobile, the deed for the property shown above, when said deed is prepared.

SECTION FIVE: John Olszewski, Real Estate Officer, of the City of Mobile is hereby authorized and directed to negotiate, and to execute for and in the name and on behalf of the City of Mobile, whatever supporting documents, affidavits, closing statements, or other ancillary forms necessary to complete the sale of said property.

SECTION SIX: This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.

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 Councilmembers Manzie and Gregory the vote was as follows:

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

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

RESOLUTIONS HELD OVER:

AUTHORIZE CONTRACT WITH CRV SURVEILLANCE, LLC FOR CONNIE HUDSON MOBILE REGIONAL SENIOR COMMUNITY CENTER SECURITY CAMERAS, $29,131.00 (2017 CIP #398; CITY-WIDE; PR-178-17; CO288). The following resolution which was introduced and read at the regular meeting of Tuesday, August 8, 2017 and held over for one (1) week until the regular meeting of August 15, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-482-2017

Sponsored by: Councilmember Rich 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: CRV Surveillance, LLC

Project name: Connie Hudson Mobile Regional Senior Community Center
Security Cameras

Project number: PR-178-17

Amount: $29,131.00

The resolution was read by the City Clerk; whereupon Councilmember Rich 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 City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH AEIKER CONSTRUCTION CORPORATION FOR HARMON PARK-PLAYGROUND IMPROVEMENTS, $158,281.00 (2017 CIP #112 D2; PR-115-17; CO203). The following resolution which was introduced and read at the regular meeting of Tuesday, August 8, 2017 and held over for one (1) week until the regular meeting of August 15, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-483-2017

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: Harmon Park - Playground Improvements

Project number: PR-115-17

Amount: $158,281.00

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

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

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

TRANSFER $1,000.00 FROM GENERAL FUND DISTRICT 1, DISCRETIONARY ACCOUNT DSC-01, 10041020.42080 TO THE GENERAL FUND, DEPARTMENT 0560, MOBILE MUSEUM OF ART, 10040560.42200 TO ENABLE EDUCATIONAL OUTREACH. The following resolution which was introduced and read at the regular meeting of Tuesday, August 8, 2017 and held over for one (1) week until the regular meeting of August 15, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-484-2017

Sponsored by: Councilmember Richardson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $1,000.00 be transferred from the General Fund, District 1 Discretionary Account DSC-01,10041020.42080, to the General Fund Department 0560, Mobile Museum of Art, 10040560.42200. The funds are being transferred to be used to enable educational outreach.

The resolution was read by the 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 City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH J & A CONTRACTING FOR HERNDON-SAGE PARK-BLEACHER REPLACEMENT, $8,694.00 (PR-198-17; CO168). The following resolution which was introduced and read at the regular meeting of Tuesday, August 8, 2017 and held over for one (1) week until the regular meeting of August 15, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-485-2017

Sponsored by: Councilmember Richardson and Mayor Stimpson

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

Name of company: J & A Contracting

Project name: Herndon-Sage Park - Bleacher Re

Project number: PR-198-17

Amount: $8,694.00

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

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

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

AUTHORIZE CONTRACT WITH J. HUNT ENTERPRISES, GENERAL CONTRACTORS, LLC FOR FIRE STATION #9-PARKING LOT PAVING AND DRAINAGE, $39,120.00 (FD-104-16; CO109). The following resolution which was introduced and read at the regular meeting of Tuesday, August 8, 2017 and held over for one (1) week until the regular meeting of August 15, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-486-2017

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: J. Hunt Enterprises, General Contractors, LLC

Project name: Fire Station #9 - Parking Lot Paving and Drainage

Project number: FD-104-16

Amount: $39,120.00

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

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

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

AUTHORIZE ACCEPTANCE OF FEE SIMPLE WARRANTY DEEDS, TEMPORARY CONSTRUCTION EASEMENTS AND RIGHTS OF ENTRY NEEDED TO WIDEN ZEIGLER BOULEVARD. The following resolution which was introduced and read at the regular meeting of Tuesday, August 8, 2017 and held over for one (1) week until the regular meeting of August 15, 2017 was called up by the Presiding Officer.

RESOLUTION: 25-487-2017

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the City hereby accepts the followings documents, when prepared, as needed for the Zeigler Boulevard Add Lanes from Schillinger Road to Cody Road Project# STPMB-7550 (601) CPMS # 1000046893 (CR-565):

1. Temporary Construction Easement & Right of Entry from Schillinger Comers LLC
2. Fee Simple Warranty Deed & Right of Entry from Gwendolyn S. Batchelor
3. Fee Simple Warranty Deed & Right of Entry from Ben A. Story and Linda W. Story
4. Temporary Construction Easement & Right of Entry Permit from GMF-Alabama Housing LLC |
5. Fee Simple Warranty Deed & Right of Entry from Marshall Durbin Food Corp.
6. Fee Simple Warranty Deed, Temporary Construction Easement & Right of Entry from Mobile County Communication District
7. Fee Simple Warranty Deed, Temporary Construction Easement & Right of Entry from Greater Gulf State Fair, Inc.
8. Temporary Construction Easement & Right of Entry Permit from Eubanks Properties, LLC I
9. Fee Simple Warranty Deed & Right of Entry from Zeigler Blvd Joint Venture

SAID DOCUMENTS are by reference made a part of this resolution as fully as set forth herein and copies will be on file in the office of the, City Clerk and in the office of the Real Estate Officer of the City of Mobile.

BE IT FURTHER RESOLVED THAT:

The Real Estate Officer of the City of Mobile is hereby authorized and directed to negotiate and to execute for and in the name and on behalf of the City of Mobile whatever supporting documents, affidavits, closing statements, or other forms necessary to complete the transactions and pay the Grantors the amounts approved and authorized and pay all approved closing costs. All approved and funded by the State of Alabama Department of Transportation.

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

Ayes: Richardson, Manzie, Small, 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 ACCEPTANCE OF A PERMANENT DRAINAGE EASEMENT FROM PARKLANE, LTD, AN ALABAMA LIMITED PARTNERSHIP, FOR THREE MILE CREEK AT ZEIGLER BOULEVARD, 2016 DRAINAGE IMPROVEMENTS PROJECT NO. 2016-202-20. The following resolution which was introduced and read at the regular meeting of Tuesday, August 8, 2017 and held over for one (1) week until the regular meeting of August 15, 2017 was called up by the Presiding Officer.

RESOLUTION: 25-488-2017

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the City hereby accepts a Permanent Drainage Easement from Parklane, LTD., an Alabama limited partnership, as needed for the Three Mile Creek at Zeigler Blvd'. 2016 Drainage Improvements Project No. 2016-202-20.

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

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

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

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

AMEND 2016 ACTION PLAN. The following resolution which was introduced and read at the regular meeting of Tuesday, August 8, 2017 and held over for one (1) week until the regular meeting of August 15, 2017 was called up by the Presiding Officer.

RESOLUTION: 31-489-2017

Sponsored by: Councilmember Richardson and Mayor Stimpson

WHEREAS, the City of Mobile receives grant funds from the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG), Program, under Title I of the Housing and Community Development Act of 1974 as amended. The CDBG Program is designed to develop viable communities by providing decent housing, a suitable living environment, and expanded economic opportunities; and

WHEREAS, the City periodically reallocates funds between eligible activities within the CDBG program in accordance with the Citizen Participation Plan;

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the 2016 Action Plan is amended in accordance with the table below to reflect reallocation of funds:

BE IT FURTHER RESOLVED that the Mayor, or his designee, is directed and authorized to act on behalf of the City of Mobile in the filing of the Amendment to the 2016 Action Plan with HUD, and that this authorization extends to; the execution of all required certifications, agreements, and loan documents as well as all other actions required by said Federal funds.

A copy of this Amendment shall remain on file in the office of the City Clerk.

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

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

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

AUTHORIZE CONTRACT WITH MICOR, INC. D/B/A MDS CONSTRUCTION FOR THEODORE PARK-NEW WALKING TRAIL, $62,188.00 (2017 CIP #281; D4; PR-148-17; CO128). The following resolution which was introduced and read at the regular meeting of Tuesday, August 8, 2017 and held over for one (1) week until the regular meeting of August 15, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-494-2017

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 though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of company: Micor Inc. dba MDS Construction

Project name: Theodore Park - New Walking Trail

Project number: PR-148-17

Amount: $62,188.00

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

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

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 75, 79, 113, 123 AND 129 WEST DRIVE AND 108, 110, 114, 120 AND 124 CENTER 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 AND R-3, TO R-3. The following ordinance was held over for one (1) week until the regular meeting of Wednesday, August 23, 2017.

ORDINANCE: 64-029-2017

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:

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 COUTNY, ALABAMA; TOGETHER WITH THE WEST HALF OF LOT 2, BLOCK 4, NEWMAN SUBDIVISION TO WESTERN HILLS, AS RECORDED IN MAP BOOK 3, PAGES 390-391, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; TOGETHER WITH LOT A & LOT B, WESTERN HULLS 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; TOGETHER WITH LOTS 1 AND 2 NEWMAN ADDITION, REVISED WESTERN HILLS, RESUBDIVISION OF THE EAST HALF OF LOT 3, BLOCK 4, AS RECORDED IN MAP BOOK 77, PAGE 118, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA.

The classification of said property is hereby changed from R-1, Single-Family Residential District, and R-3, Multiple Family District to R-3, Multiple Family District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use
permitted by the terms of said Ordinance in a R-3, Multiple Family District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a R-3, Multiple Family District, until all of the conditions set forth below have been complied with: 1) completion of the Subdivision process; 2) 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.

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 03-495 through 58-508 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 items.

CONSENT RESOLUTIONS BEING INTRODUCED:

RE-APPOINT BILLY G. HOOD TO THE MEDICAL CLINIC BOARD OF THE CITY OF MOBILE (SPRINGHILL). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 03-495-2017

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Billy G. Hood is re-appointed to the Medical Clinic Board of the City of Mobile (Springhill) effective immediately for a term ending June 29, 2023.

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

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

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

RE-APPOINT ANN DAVIS TO THE LADD-PEEBLES MEMORIAL STADIUM PUBLIC PARK AND RECREATION BOARD. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 03-496-2017

Sponsored by: Councilmember Rich

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Ann Davis is re-appointed to the Ladd-Peebles Memorial Stadium Public Park and Recreation Board effective immediately for a term ending August 7, 2023.

The resolution was read by the City Clerk; whereupon Councilmember Rich 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, Rich and Gregory
Nays: None

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

RE-APPOINT WILLIAM JOHN ROOKS TO THE MOBILE HISTORIC DEVELOPMENT COMMISSION. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 03-497-2017

Sponsored by: Councilmember Rich

BE IT RESOLVED BY THE CITY GGUNCIL OF MOBILE. ALABAMA, that William John Rooks is re-appointed to the Mobile Historic Development Commission effective immediately for a term ending August 31, 2020.

The resolution was read by the City Clerk; whereupon Councilmember Rich 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, 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 SPECIAL EVENTS RETAIL LICENSE FOR 2017 INDEPENDENCE DAY MEXICO, 5805 U.S. HIGHWAY 90 WEST (PARKING LOT). The following resolution was introduced by Councilmember Williams.

RESOLUTION: 37-498-2017

Sponsored by: Councilmember Williams

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

Type of application: Special Events Retail License

Submitted by: Hacienda De Queretaro, Inc.

Location: 2017 Independence Day Mexico
5805 U. S. Highway 90 West (parking lot)
Theodore, AL 36582

The resolution was read by the 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 City Clerk, whereupon the Presiding Officer declared the resolution adopted.

DECLARE THE STRUCTURE AT 1148 MICHIGAN AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 40-499-2017

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1148 Michigan Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it Is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 1148 Michigan Avenue described as:

BEG AT THE SW COR OF LOT 26 IN THE J H MCGEHEE SUB OF MCATEE PLACE DBK 132 P 133 FROM SAID PT RUN ELY ALG THE N/L OF BAY AVE 142.5 FT(D) 135 FT(S) TH NELY 128.6 FT THWLY 162.1 FTTH

Parcel #: 022910273002021

Last assessed to: DCR Investments, Inc.
900 Western America Circle, Suite 208
Mobile, AL 36609

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or secured in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

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

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

DECLARE THE STRUCTURE AT 1456 BAY AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 40-500-2017

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1456 Bay Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 1456 Bay Avenue described as:

BEG AT THE SW COR OF LOT 26 IN THE J H MCGEHEE SUB OF MCATEE PLACE DBK 132 P 133 FROM SAID PT RUN ELY ALG THE N/L OF BAY AVE 142.5 FT(D) 135 FT(S) TH NELY 128.6 FTTH WLY 162.1 FTTH

Parcel #: 022910273002021

Last assessed to: DCR investments, Inc.
900 Western America Circle, Suite 208
Mobile, AL 36609

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

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

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

DECLARE THE STRUCTURE AT 410 DUNBAR STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 40-501-2017

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 410 Dunbar Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 410 Dunbar Street described as:

LOT 6 BLK 5 CARVER COURT MBK 4 P 239 #SEC 25 T4S R1W #MP29 07 25 0 002

Parcel #: 022907250002094

Last assessed to: Cooks Ricky & Cynthia Cooks
1100 Westbury Drive
Mobile, AL 36609

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

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

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

DECLARE THE STRUCTURE AT 2001 EDWARDS AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 1). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 40-502-2017

Sponsored by: Councilmember Richardson

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 2001 Edwards Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 2001 Edwards Avenue described as:

LOT 22 BLK 2 CLOVERDALE LOT MBK 3 P 503 #SEC 42 T4S R1W #MP29 07 42 0 001

Parcel #: 022907420001547

Last assessed to: Day Samuel G. & Ruth D. McNei
2001 Edwards Avenue
Mobile, AL 36619

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

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

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

DECLARE THE STRUCTURE AT 1263 ADAMS STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 40-503-2017

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1263 Adams Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 1283 Adams Street described as:

ALL THAT PORTION OF LOT 12 SQR 27 OF OLD MILITARY CAMPGROUND TRT MORE PARTIC DESC AS POLL - BEG AT SW COR OF CALHOUN & ADAMS STS THEN RUNG W ALG S/L OF ADAMS ST 238 FT TO PT WHICH PT IS PT

Parcel #: 022906400007086

Last assessed to: McCants Diane
3539 Apalachee Parkway, Suite 3-2
Tallahassee, FL 32311

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mall to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

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

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

HONORARILY NAME MARION BECKHAM DRIVE AS “HENDERSON WAY.” The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 46-504-2017

Sponsored by: Councilmember Daves

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that Marion Beckham Drive is hereby honorarily named "Henderson Way."

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

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

AUTHORIZE REMOVAL OF WEEDS, GROUP #1564. The following resolution was introduced by Councilmember Small.

RESOLUTION: 58-505-2017

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

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

WHEREAS, Parcels Nos. 1 through 20 described in the resolution adopted on the 11 day of July, 2017, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.

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

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

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

Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 20, as described in the resolution adopted on the 11th day of July. 2017, and entitled: "A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES."

(Lot Cleaning Liens, Group No. 1564, on file in the office of the City Clerk).

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

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

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

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

DECLARE WEEDS NOXIOUS, GROUP #1567. The following resolution was introduced by Councilmember Small.

RESOLUTION: 58-506-2017

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 #1567 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 19th day of September, 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 Manzie, and the vote was as follows:

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

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP # 1562. The following resolution was introduced by Councilmember Small.

RESOLUTION: 58-507-2017

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. 1562 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 Manzie, and the vote was as follows:

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

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

ASSESS COST FOR REMOVAL OF WEEDS, REPEAT WEED LIEN GROUP #9. The following resolution was introduced by Councilmember Small.

RESOLUTION: 58-508-2017

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 Repeat Weed Lien Group #9 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 Manzie, and the vote was as follows:

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

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

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

Councilmember Richardson moved for the suspension of the rules to consider CIP Resolutions 21-510 – 21-513 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 items.

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH JAMES B. DONAGHEY, INC. FOR SAENGER THEATER-COOLING TOWER REPLACEMENT, $107,324.00 (2017 CIP #157; D2; CL-207-17; CO061). The following resolution was held over for one (1) week until the regular meeting of Wednesday, August 23, 2017.

RESOLUTION: 21-509-2017

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: James B. Donaghey, Inc.

Project name: Saenger Theater - Cooling Tower Replacement

Project number: CL-207-17

Amount: $107,324.00

AUTHORIZE CONTRACT WITH AEIKER CONSTRUCTION CORPORATION FOR MEDAL OF HONOR PARK-DOG PARK DRINKING FOUNTAIN, $15,099.00 (2017 CIP #405; D6; PR-228-17; CO063). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 21-510-2017

Sponsored by: Councilmember Rich 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: Medal of Honor Park - Dog Park Drinking Fountain

Project number: PR-228-17

Amount: $15,099.00

The resolution was read by the City Clerk; whereupon Councilmember Rich 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, 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 LA SOUTH FOR PHASE I: THREE MILE CREEK GREENWAY TRAIL-SITE FURNISHINGS AND AMENITIES, $18,000.00 (2017 CIP CO291; D1). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 21-511-2017

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerks OF THE City of Mobile are hereby authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the professional services contract by and between the City of Mo


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