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 23, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, AUGUST 23, 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 Wednesday, August 23, 2017, at 9:00 a.m.

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

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: August 29, 2017

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, AUGUST 23, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Wednesday, August 23, 2017, at 10:30 a.m., in regular meeting.

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

Pastor Ronald O. McCants, First United Methodist Church, 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 August 15, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson extended congratulations to all Councilmembers for being reelected and expressed he looks forward to uniting with them to move Mobile forward.

Mayor Stimpson announced that Mobile native and NBA basketball player DeMarcus Cousins is funding the construction of new basketball courts at Figures Park.

Mayor Stimpson stated that construction to transform Water Street began on Monday. This first phase of construction will include new sidewalks and new ADA curb ramps at pedestrian crossings.

Mayor Stimpson thanked everyone that voted for him.

MONTHLY FINANCE REPORT:

Executive Director of Finance Paul Wesch stated:

“It seems as though our sales tax decline has flattened somewhat. Last month we actually had an increase, as compared to last year. We are still under budget and we are still under last year’s year to date by .19%. Interestingly the State, which we had looked upon with greed over the last few months, has now flattened. They are travelling 1.17% above last year. It looks like we are all probably going to suffer about the same from our flattening of sales tax statewide.”

“The total revenues for year to date are about $5.3 million under budget. Our departmental expenditures are $10.8 million under budget. We are walking that fine line of being able to stay within budget and provide some surplus carry over for next year, as you will see in the submitted budget for 2018. We look forward to answering your questions over the next few weeks. We have already received some and we will be replying to those one at a time as we receive them. We are trying to make sure you are in possession of all the information you need to make your decisions regarding the budget. I’ll be happy to answer any questions you have here.”

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 City Clerk whereupon the Presiding Officer declared the agenda adopted.

APPEALS:

The Council considered the request of Mary C. Knight for a waiver of the Noise Ordinance at 618 Belsaw Avenue on September 2, 2017, from 2:00 p.m. until 10:00 p.m. (District 2).

Councilmember Manzie moved that the waiver be granted 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 waiver granted.

The Council considered the request of Lisa Ezell for a waiver of the Noise Ordinance at 1025 Colonial Court on August 26, 2017, from 5:00 p.m. until 10:00 p.m. (District 2).

Councilmember Manzie moved that the waiver be granted 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 waiver granted.

The Council considered the request of Jennifer Moore for a waiver of the Noise Ordinance on Dauphin Street at St. Francis Street on August 24, 2017, from 5:30 p.m. until 8:30 p.m. (District 2).

Councilmember Manzie moved that the waiver be granted 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 waiver granted.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

None

NON-AGENDA ITEMS:

None

ORDINANCES HELD OVER:

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 which was introduced and read at the regular meeting of Tuesday, August 15, 2017 and held over for one (1) week until the regular meeting of August 23, 2017 was called up by the Presiding Officer.

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.

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

RESOLUTIONS HELD OVER:

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 which was introduced and read at the regular meeting of Tuesday, August 15, 2017 and held over for one (1) week until the regular meeting of August 23, 2017 was called up by the Presiding Officer.

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

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

Ayes: Richardson, Manzie, Small, 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 $183,600.00 FROM GENERAL LEDGER ACCOUNT #10041530.42140 POLICE ADMINISTRATION NON-CONTRACTUAL SERVICES TO CAPITAL PROJECT #E0034 EQUIPMENT-POLICE (NO VEHICLES) IN THE CAPITAL IMPROVEMENT FUND 2000. The following resolution which was introduced and read at the regular meeting of Tuesday, August 15, 2017 and held over for one (1) week until the regular meeting of August 23, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-512-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $183,600.00 be re-allocated from General Fund 1000.10041530.42140 Police Administration Non Contractual Services to Capital Project #E0034 Equipment-Police (No Vehicles) in the Capital Improvement Fund (Fund 2000).

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

Ayes: Richardson, Manzie, Small, 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 CLARK, GEER, LATHAM & ASSOCIATES FOR MASTER SERVICES AGREEMENT-OPTIONAL PERMIT REVIEW, $50,000.00 (CO049). The following resolution which was introduced and read at the regular meeting of Tuesday, August 15, 2017 and held over for one (1) week until the regular meeting of August 23, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-514-2017

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: Clark, Geer, Latham & Associates

Project name: Master Services Agreement

Estimated cost: $50,000.00

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

Ayes: Richardson, Manzie, Small, 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:

ORDINANCE DEEMING PROPERTY NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORIZING THE SALE OF 305 CIVIC CENTER DRIVE TO WATTERS & ASSOCIATES, LLC. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, August 29, 2017.

ORDINANCE: 88-030-2017

Sponsored by: Councilmember Manzie and Mayor Stimpson

AN ORDINANCE DEEMING CERTAIN PROPERTY NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORTZING THE R SALE THEREOF

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 property hereinafter described in Exhibit "A", 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 Walters & Associates, LLC.

See Exhibit ''A*' attached hereto

SECTION TWO: The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, for and in the name and on behalf of the City of Mobile, the attached Contract for Sale of Real Property for the property shown in Exhibit "A".
SECTION THREE: The Mayor and City Clerk are 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 in Exhibit "A", when said deed is prepared.

SECTION FOUR: 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 ancillary forms necessary to complete the transfer of said property.

SECTION FIVE: The proceeds from this sale to be placed in a Capital Building Acquisition Fund.

SECTION SIX: Said Contract for Sale of Real Property and Deed are 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 and in the office of the Real Estate Department of the City of Mobile, 4^^ Floor, Government Plaza, 205 Government Street, Mobile, Alabama.

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

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

Councilmember Richardson moved for the suspension of the rules to consider Consent Resolutions 58-517 through 60-520 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:

DECLARE WEEDS NOXIOUS, GROUP #1568. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 58-517-2017

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 #1568 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 palled to be held in the Auditorium of the Mobile Government Plaza, 205 Government Street, Mobile, Alabama, on the 26th 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 Rich moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

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

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

AUTHORIZE REMOVAL OF WEEDS, GROUP #1565. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 58-518-2017

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 22 described in the resolution adopted on the 18th 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 22, as described in the resolution adopted on the 18th 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. 1565, on file in the office of the City Clerk).

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

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

ADD DAVIS PROPERTIES, LLC TO THE LIST OF PRIVATE CONTRACTORS TO ABATE PROPERTIES DECLARED PUBLIC NUISANCES. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 58-519-2017

WHEREAS, the City Council of Mobile, Alabama, on February 28, 1990, adopted Ordinance No. 24-014, entitled 'AN ORDINANCE AMENDING ORDINANCE NUMBER 24-074 ADOPTED JULY 5, 1988, PROVIDING THAT CERTAIN WEEDS AND DEBRIS WITHIN THE CITY OF MOBILE CONSTITUTE A PUBLIC NUISANCE; ABATEMENT AND PRIVATIZATION PROCEDURES; ASSESSMENT, COLLECTION, AND ENFORCEMENT PROCEDURES; and

WHEREAS, Article III, Section III, of said Ordinance provided that a "rotation list" of private contractors be established to abate properties declared public nuisances; and

WHEREAS, the following company has complied with all requirements of said Ordinance, and all documentation required by said Ordinance is on file in the Lot Cleaning Division of the Land Use/Code Administration Department.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that Davis Properties, LLC be added to the rotation list for utilization by the City of Mobile to abate properties declared as public nuisances.

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

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

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

APPROVE AWARD OF SPECIAL BONUS TO SAMUEL ALLEN AND BLAKE DUKE AS PART OF THE MAYOR’S INCENTIVE PROGRAM, $500.00 EACH. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 60-520-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the Mayor, upon the nomination by City supervisors recommends to the City Council that it authorize awards, pursuant to Section 11-40-22 Code of Alabama 1975, of $500 each to the employees on the attached list marked as Exhibit A.

These employees are to be commended for their exemplary work performance or innovations that significantly reduce costs or result in an outstanding improvement in service to the public.

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

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

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

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

Councilmember Richardson moved for the suspension of the rules to consider CIP Resolutions 21-521 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.

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH ESPALIER, LLC FOR HEROES’ (THEODORE) PARK-SITE DRAINAGE AND FIELD CONDITIONS IMPROVEMENTS, $22,265.00 (PR-247-17; 2017 CIP #281; D4; CO128). The following resolution was introduced by Councilmember Williams.

RESOLUTION: 21-521-2017

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: Espalier, LLC

Project name: Heroes' (Theodore) Park
Site Drainage & Field Conditions Improvements

Project number: PR-247-17

Amount: $22,265.00

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

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

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

RESOLUTIONS BEING INTRODUCED:

REALLOCATE $6,600.00 FROM CAPITAL PROJECT #CO080 DISTRICT 2 MISCELLANEOUS CAPITAL IMPROVEMENT (FUND 2000) TO CAPITAL PROJECT #CO203 RECREATION-PARKS-HARMON RECREATION CENTER. The following resolution was held over for one (1) week until the regular meeting of Tuesday, August 29, 2017.

RESOLUTION: 09-522-2017

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $6,600 be reallocated from Capital Project #C0080 District 2 Miscellaneous Capital Improvement (Fund 2000) to Capital Project #C0203 Recreation — Parks-Harmon Recreation Center.

AUTOHRIZE CONTRACT AMENDMENT WITH HUTCHINSON, MOORE AND RAUCH, LLC FOR TOULMINVILLE SIDEWALKS 2014 CDBG PROJECT, ADD $9,460.00 (COM PROJECT 2014-202-13; CO123). The following resolution was held over for one (1) week until the regular meeting of Tuesday, August 29, 2017.

RESOLUTION: 21-523-2017

Sponsored by: Councilmember Richardson and Mayor Stimpson

WHEREAS, the City entered into a contract dated December 2, 2014 with Hutchinson, Moore & Ranch, LLC for engineering services on the project known as Toulminville Sidewalks 2014 CDBG Project.

WHEREAS, the fees for the engineering services are based on a percentage of the total project cost, with the fee percentage being 6.2% for the design stage and 6.2% for the construction stage; and

WHEREAS, the current contract amount includes the original contract and Supplemental Agreement No. 1 and totals $100,000.00; and

WHEREAS, the final project cost is $882,740.00 and professional engineering fees are being adjusted to properly compensate Hutchinson, Moore & Rauch, LLC in accordance with the Contract, hereby increasing professional engineering fees by $9,460.00 to a total of $109,460.00; and

WHEREAS, the contract provides on Page 12 (V. A. 1 .f) that adjustments to the contract amount for professional fees are required to be authorized by the COUNCIL;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Council does hereby authorize the additional fee of $9,460.00, for a total of $ 109,460.00, to be paid to Hutchinson, Moore & Rauch, LLC for engineering services on the Toulminville Sidewalks 2014 CDBG Project.

AUTHORIZE CONTRACT WITH SIMPLEX GRINNELL FOR FIRE SPRINKLER SYSTEM REPAIRS-VARIOUS LOCATIONS, $10,238.00 (SR-232-17; CO018). The following resolution was held over for one (1) week until the regular meeting of Tuesday, August 29, 2017.

RESOLUTION: 21-524-2017

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

Name of company: Simplex Grinnell

Project name: Fire Sprinkler System Repairs Various Locations

Project number: SR-232-17

Amount: $10,238.00

AUTHORIZE CONTRACT WITH HERNANDEZ DEMOLITION AND REMEDIATION, LLC FOR MOBILE POLICE DEPARTMENT HEADQUARTERS-EVIDENCE STORAGE ROOM FLOOR ABATEMENT, $19,776.00 (PD-099-17; EO034; D5). The following resolution was held over for one (1) week until the regular meeting of Tuesday, August 29, 2017.

RESOLUTION: 21-525-2017

Sponsored by: Councilmember Daves 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: Hernandez Demolition & Remediation, LLC

Project name: Mobile Police Department Headquarters –
Evidence Storage Room Floor Abatement

Project number: PD-099-17

Amount: $19,776.00

AUTHORIZE CONTRACT WITH BASKERVILLE-DONOVAN, INC. FOR ZEIGLER BOULEVARD FOREST DALE DRIVE INTERSECTION-RAILROAD CROSSING IMPROVEMENTS (COUNTY PROJECT NO. STPMB-7550(600); COM PROJECT NO. 2007-202-02; D7; CO053). The following resolution was held over for one (1) week until the regular meeting of Tuesday, August 29, 2017.

RESOLUTION: 21-526-2017

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a right of way closing statement, by and between the City of Mobile and Alabama Department of Transportation. A copy of said executed right of way closing statement will be on file in the office of the City Clerk.
Name of Company: Baskerville-Donovan, Inc.

Project name: Zeigler Blvd. Forest Dale Dr. Intersection
Railroad Crossing Improvements

County project no.: STPMB-7550{600)

COM project no.: 2007-202-02

Estimated cost: $62,788.00

ASSENT TO THE VACATION OF SERVICE ROAD RIGHT-OF-WAY AT 4210 HALLS MILL ROAD. The following resolution was held over for one (1) week until the regular meeting of Tuesday, August 29, 2017.

RESOLUTION: 47-527-2017

WHEREAS, Neal & Company, LLC and Consolidated Pipe & Supply Company, Inc., as the abutting property owners of the following described right of way located on Halls Mill Road, have requested the Mobile City Council to assent to the vacation and closing by them as the abutting property owners of the right of way hereinafter described;

WHEREAS, it has been shown to the satisfaction of the Mobile City Council that Neal & Company, LLC and Consolidated Pipe & Supply Company, Inc. own all of the property abutting along said right of way, that the same is not needed as a public road in the City of Mobile, Alabama, that the vacation of same will not deprive any other property owners of such right as such property owners may have to convenient and reasonable ingress and egress to and from such other property, and that it would be to the best interest of the Mobile City Council to vacate the same;

WHEREAS, said abutting property owners have consented to this vacation;

NOW, THEREFORE, BE IT RESOLVED, by the Mobile City Council that its assent be, and it is hereby given to Neal & Company, LLC and Consolidated Pipe & Supply Company, Inc., the abutting property owners, to the vacation and closing by them of the following described right of way, more particularly described as follows:

See Exhibit A attached hereto and made a part hereof.

BE IT FURTHER RESOLVED, by the Mobile City Council, that its assent be and the same hereby is, given to vacate and annul the herein described right of way located on Halls Mill Road, Mobile, Alabama, subject, however, to the following conditions:

1. The declaration of vacation and this resolution assenting to the vacation of said property, upon adoption by the Mobile City Council, be recorded in the Probate Court of Mobile County, Alabama, and a certified copy of the resolution shall be immediately delivered to the Tax Assessor's Plat Room so that this property may be reassessed in the name of the new owners;

2. An easement is excepted from this vacation and is retained in favor of Mobile Gas Service Corporation to operate and maintain its existing service line within the easement.

3. An easement is excepted from this vacation and is retained in favor of Mobile Area Water & Sewer System (MAWSS) to operate and maintain its existing 15' sanitary sewer easement within the easement.

4. Alabama Power Company and AT&T are reserved all rights and privileges necessary and convenient for full enjoyment of use of its facilities within and adjacent to the area to be vacated; including the right of ingress and egress to and from said facilities, the right to cut and/or trim trees/limbs which, in their sole opinion would interfere with said facilities, and the right to prohibit use of the land vacated in a manner which violates the National Electric Safety Code.

EXHIBIT A

LEGAL DESCRIPTION FOR RIGHT OF WAY VACATION LOCATED AT 4210 HALLS MILL ROAD, MOBILE, ALABAMA:

BEGINNING AT THE NORTHEAST CORNER OF LOT 1, P & E SUBDIVISION AS RECORDED IN MAP BOOK 114, PAGE 107 PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA, THENCE SOUTH 17° - 15' - 12" WEST 235.00 FEET; THENCE NORTH 89° - 20' - 25" EAST 41.74 FEET TO A POINT 35 FEET FROM THE CENTERLINE OF HALLS MILL ROAD; THENCE NORTH 17° - 18' - 11" EAST 229.46 FEET TO THE SOUTHEAST CORNER OF LOT 1, CONSOLIDATED SUBDIVISION AS RECORDED IN MAP BOOK 89 PAGE 108 OF THE AFORESAID RECORDS; THENCE NORTH 83° - 09' - 41" WEST 40.58 FEET TO THE POINT OF BEGINNING.

Said Halls Mill Road Right-of-Way Abandonment Area consists of 9,242 SQUARE FEET MORE OR LESS.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO CONSIDER ADOPTION OF THE PROPOSED 2017-2018 BUDGETS FOR THE GENERAL FUND, CAPITAL IMPROVEMENT, STRATEGIC PLAN, AND THE CONVENTION CENTER.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish in a newspaper of general circulation within the municipality the attached notice stating the time and place a proposed resolution is to be considered by the City Council and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of the proposed resolution.

NOTICE OF HEARING ON PROPOSED 2017-2018 BUDGETS

Notice is hereby given that the Mobile City Council will hold a public hearing on Tuesday, September 5, 2017, at 10:30 a.m., in the Mobile Government Plaza Auditorium, to receive public comments on the proposed budgets for the General Fund, Capital Improvement Fund, Strategic Plan Fund, and Convention Center Fund, for fiscal year 2017-2018.

Copies of the proposed budgets are available online at www.citvofmobile.ora or in the City Clerk's Office, ninth floor of Government Plaza, South Tower.

Councilmember Daves then moved to call for the public hearing, which move 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 whereupon the Presiding Officer set the date for the public hearing as September 5, 2017.

ANNOUNCEMENTS:

Councilmember Gregory announced the public hearing for the Fiscal Year 2018 Proposed City of Mobile Budget will be held Tuesday, September 5, 2017.

Councilmember Gregory stated the Finance Committee will meet Tuesday, August 29, 2017, 3:00 p.m., in the Council conference room on the ninth floor of the south tower of Government Plaza to discuss the proposed budget

Each Councilmember expressed congratulations to his/her colleagues and Mayor Stimpson for being reelected and thanked citizens for their votes.

Councilmember Small recounted the official reopening of the athletic fields at Maitre Park was well attended.

Councilmember Small reported the event this past Sunday to celebrate the completion of the total rebuilding of Ann Street was a great success for district three residents.

Councilmember Rich offered her support of background checks for religious school staff in light of the recent death of five year old Kamden Johnson.

Councilmember Richardson introduced his new intern Coastal Alabama Community College student Dwayne Flott.

Councilmember Richardson indicated a district one meeting will be held Thursday, August 31, 2017, 6:00 p.m., at Ashland Place United Methodist Church.

Councilmember Richardson announced his support for the City to organize its own school district.

The Presiding Officer adjourned the regular meeting at approximately 11:21 a.m.

Approved: August 29, 2017

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK








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