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 29, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, AUGUST 29, 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 29, 2017, at 9:00 a.m.

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

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

The Presiding Officer adjourned the meeting.

Approved: September 5, 2017

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, AUGUST 29, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, August 29, 2017, at 10:30 a.m., in regular meeting.

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

Pastor Gregory West, Rehoboth Baptist Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Councilmember Gregory asked everyone to remain standing for a moment of silence for the Hurricane Harvey rescuers and victims in Houston, Texas.

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 23, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson was not present at the meeting.

ADOPTION OF THE AGENDA:

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

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

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

APPEALS:

The Council considered the request of D. Wayne Bumpers for a waiver of the Noise Ordinance on South Reed Avenue on October 14, 2017, from 6:00 p.m. until 10:00 p.m. (District 2).

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

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

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

The Council considered the request of Kelsey Bailey for a waiver of the Noise Ordinance at 65 Government Street, Gulf Coast Exploreum, on September 30, 2017, from 5:00 p.m. until 11:30 p.m. (District 2).

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

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

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

The Council considered the request of Edward Jones for a waiver of the Noise Ordinance at 8874 Dawes Lake Road on September 3, 2017, from 3:00 p.m. until 9:00 p.m. (Police Jurisdiction).

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

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

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

The Council considered the request of Carlos Steele for a waiver of the Noise Ordinance at 2067 Foster Lane on September 4, 2017, from 2:00 p.m. until 9:00 p.m. (District 3).

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

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

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

PUBLIC HEARINGS:

PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE VILLAGE OF SPRING HILL REGULATING PLAN TO CHANGE THE REGULATING SUB-DISTRICTS FROM NEIGHBORHOOD CENTER AND NEIGHBORHOOD GENERAL TO NEIGHBORHOOD CENTER FOR PROPERTY LOCATED AT 406 AND 456 MCGREGOR AVENUE AND 3772 AND 3774 SHEIPS LANE (NORTHEAST CORNER OF NORTH MCGREGOR AVENUE AND SHEIPS LANE).

The Presiding Officer announced that today was the day for the public hearing to consider an amendment to the Village of Springhill Regulating Plan to change the regulating sub-districts from Neighborhood Center and Neighborhood General to Neighborhood Center for property located at 406 and 456 McGregor Avenue and 3772 and 3774 Sheips Lane and asked if there was anyone present to speak for or against this matter.

Those persons speaking in support of the amendment:
BJ Lyon, 4301 Wilkinson Way
Linda St. John, 320 Avalon Street
Jeff Quinnelly, 3751 Sheips Lane

Those persons speaking in opposition of the amendment:
Angela Brown, 3773 Sheips Lane
Geneva Gayles, 925 Knowles Street

Deputy Director of Planning Richard Olsen answered questions from Councilmembers.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE A 410 DRIVER STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 410 Driver 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 A 1250 ARLINGTON STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1250 Arlington 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.

Sharon Pettaway, interest holder, asked for extra time to secure the property. Councilmember Gregory referred Ms. Pettaway to David Daughenbaugh of Municipal Enforcement.

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 A 1350-A ST. STEPHENS ROAD 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 1350-A St. Stephens Road is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

Carla Bilbo, daughter of the property owner, asked for more time for the family members to reach an agreement regarding the property. Councilmember Gregory referred Ms. Bilbo to David Daughenbaugh of Municipal Enforcement.

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 A 1350-B ST. STEPHENS ROAD 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 1350-B St. Stephens Road is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

Carla Bilbo, daughter of the property owner, asked for more time for the family members to reach an agreement regarding the property. Councilmember Gregory referred Ms. Bilbo to David Daughenbaugh of Municipal Enforcement.

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

PUBLIC HEARING TO CONSIDER THE APPLICATION OF FRANK E. ANDERSON, JR. D/B/A 4A CARRIERS, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A TRANSPORATION SERVICE.

The Presiding Officer announced that today was the day for the public hearing to consider the application of Frank E. Anderson, Jr. d/b/a 4A Carriers, LLC for a certificate of public convenience and necessity and asked if there was anyone present to speak for or against this matter.

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

PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF NICHOLSON ROAD (BETWEEN DOUGLAS LANE AND FAYE STREET) (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to consider the vacation of a portion of Nicholson Road and asked if there was anyone present to speak for or against this matter.

Attorney Clay Lanham, 11 N. Water Street, spoke on behalf of the applicant.

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

PUBLIC HEARING TO CONSIDER A VACATION OF RIGHT-OF-WAY FEE AS A CONDITION OF THE VACATION OF A PORTION OF NICHOLSON ROAD (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to consider a vacation of right-of-way fee as a condition of the vacation of a portion of Nicholson Road and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

Ronald Hunt, 1351 Sandra Drive, spoke in favor of Ordinance 88-030 regarding the sale of 305 Civic Center Drive.

NON-AGENDA ITEMS:

Jerry Mosely, 5704 Foxfire Road, offered his concerns to the Council regarding tall grass, speeding, litter and abandoned vehicles in his neighborhood.

Managing Director of the Mobile Ballet Karen Kennedy, 4351 Downtowner Loop North, introduced the Ballet’s new Guest Artistic Director Katia Garzay and announced the 2017-2018 performance season.

Reggie Hill, 200 Government Street, spoke to the Council about public safety, drainage and parks and recreation.

ORDINANCES HELD OVER:

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 which was introduced and read at the regular meeting of Wednesday, August 23, 2017 and held over for one (1) week until the regular meeting of August 29, 2017 was called up by the Presiding Officer.

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, 4th 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.

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

RESOLUTIONS HELD OVER:

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 which was introduced and read at the regular meeting of Wednesday, August 23, 2017 and held over for one (1) week until the regular meeting of August 29, 2017 was called up by the Presiding Officer.

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.

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

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

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

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 which was introduced and read at the regular meeting of Wednesday, August 23, 2017 and held over for one (1) week until the regular meeting of August 29, 2017 was called up by the Presiding Officer.

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.

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

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

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

AUTHORIZE CONTRACT WITH SIMPLEX GRINNELL FOR FIRE SPRINKLER SYSTEM REPAIRS-VARIOUS LOCATIONS, $10,238.00 (SR-232-17; CO018). The following resolution which was introduced and read at the regular meeting of Wednesday, August 23, 2017 and held over for one (1) week until the regular meeting of August 29, 2017 was called up by the Presiding Officer.

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

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

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 which was introduced and read at the regular meeting of Wednesday, August 23, 2017 and held over for one (1) week until the regular meeting of August 29, 2017 was called up by the Presiding Officer.

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

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

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

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

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 which was introduced and read at the regular meeting of Wednesday, August 23, 2017 and held over for one (1) week until the regular meeting of August 29, 2017 was called up by the Presiding Officer.

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

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

At approximately 12:10 p.m. Council President Gregory turned the gavel over to Council Vice-President Richardson and excused herself from the meeting.

ASSENT TO THE VACATION OF SERVICE ROAD RIGHT-OF-WAY AT 4210 HALLS MILL ROAD. The following resolution which was introduced and read at the regular meeting of Wednesday, August 23, 2017 and held over for one (1) week until the regular meeting of August 29, 2017 was called up by the Presiding Officer.

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.

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

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

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

ORDINANCES BEING INTRODUCED:

APPROVE AN AMENDMENT TO THE VILLAGE OF SPRING HILL REGULATING PLAN TO CHANGE THE REGULATING SUB-DISTRICTS FROM NEIGHBORHOOD CENTER AND NEIGHBORHOOD GENERAL TO NEIGHBORHOOD CENTER FOR PROPERTY LOCATED AT 406 AND 456 NORTH MCGREGOR AVENUE AND 3772 AND 3774 SHEIPS LANE (NORTHEAST CORNER OF NORTH MCGREOGR AVENUE AND SHEIPS LANE). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, September 5, 2017.

ORDINANCE: 64-031-2017

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:

LOTS A & B, RESUBDIVISION OF LOTS 1 & 34, PINEVIEW HEIGHTS SUBDIVISION AS RECORDED IN MAP BOOK 132, PAGE 71 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE COURT, MOBILE COUNTY, ALABAMA LOTS 2, 3, AND 4, PINEVIEW HEIGHTS SUBDIVISION AS RECORDED IN MAP BOOK 4 PAGES 405-408 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE COURT, MOBILE COUNTY, ALABAMA.

The classification of said property is hereby changed from Neighborhood Center and Neighborhood General to, Neighborhood Center, 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 Neighborhood Center, 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 Neighborhood Center, until all of the conditions set forth below have been complied with 1) completion of the Subdivision process; 2) provision of an 8-foot high evergreen buffer along the south and east sides of the site; 3) curb-cut to Sheips Lane to be located to align with the western-most access aisle of the proposed parking lot; and 4 ) 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.

At approximately 12:14 p.m. Council President Gregory turned the gavel over to Council Vice-President Richardson and excused herself from the meeting.

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 03-529 through 27-548 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:

APPROVE THE APPOINTMENT OF A NEW DIRECTOR OF THE IMPROVEMENT DISTRICT OF THE CITY OF MOBILE-MCGOWIN PARK PROJECT, BUFF TEAGUE. The following resolution was introduced by Councilmember Williams.

RESOLUTIOIN: 03-529-2017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA APPROVING THE APPOINTMENT OF ONE DIRECTOR OF THE IMPROVEMENT DISTRICT OF THE CITY OF MOBILE - MCGOWIN PARK PROJECT

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

WHEREAS, Josh Burmeister tendered his resignation from the Board to the Council; and

WHEREAS, the Council desires to accept the resignations of Josh Burmeister from the Board, and to appoint Buff Teague to the Improvement District's Board of Directors, in substitution of Josh Burmeister.

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

(1) That the Council hereby accepts the resignation of Josh Burmeister, and he is hereby removed from the Board and relieved of all authority, rights and obligations in connection with their role on the Board.

(2) That Buff Teague is hereby appointed to the Board in substitution of Josh Burmeister.

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

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

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

RE-APPOINT BRENDA JACKSON TO THE MOBILE LIBRARY BOARD. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 03-530-2017

Sponsored by: Councilmember Manzie

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Brenda J. Jackson is re-appointed to the Mobile Library Board effective October 1, 2017 for a term ending September 30, 2021.

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR DISCOUNT ZONE, 158 NORTH BROAD STREET. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-531-2017

Sponsored by: Councilmember Manzie

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

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

Submitted by: Mata Manakamana Mai, LLC

Location: Discount Zone
158 North Broad Street
Mobile, AL 36603

The resolution was read by the Assistant City Clerk; whereupon Councilmember Manzie moved that the resolution be held over for two (2) weeks until the regular meeting of Tuesday, September 12, 2017, 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 Assistant City Clerk, whereupon the Presiding Officer declared the resolution held over.

DECLARE THE STRUCTURE AT 410 DRIVER STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 1). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 40-532-2017

Sponsored by: Councilmember Richardson

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 410 Driver 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 Driver Street described as:

COMG AT INTERSECT OF N R/W LINE OF LAXTON ST & E R/W LINE OF DRIVER ST THEN RUN N-LY ALG E R/W LINE OF DRIVER ST 80.00 FT TO PT OF BEG THEN CONT NLY ALG E R/W LINE OF DRIVER ST 40.00 FT

Parcel #: 022907420004152

Last assessed to: Jones Liza Mae
6725 Zeigler Boulevard, Apt. #5
Mobile, AL 36608

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

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

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

DECLARE THE STRUCTURE AT 1250 ARLINGTON STREET A PUBLIUC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 40-533-2017

Sponsored by: Councilmember Small

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1250 Arlington 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 1250 Arlington Street described as:

ALL THAT PT OF LOTS 3 & 4 SQR 1 OF BASCOMBE TRT IN DBK 128 N S P 1 BDED BY A LINE DESC AS BEG AT SE COR OF SD LOT 4 SD PT BEING NW COR OF DUVAL ST & BASCOMBE ST TH N ALG E/L OF SD LOT 4

Parcel #: 022911342000050

Last assessed to: Pettaway Jerry
1206 Shore Acres Drive
Mobile, AL 36605

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

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

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

DECLARE THE STRUCTURE AT 1350-A ST. STEPHENS ROAD A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 40-534-2017

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1350-A St. Stephens Road 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 1350-A St. Stephens Road described as:

S 1/2 OF FOLL DESC PPTY LOT 1 BLK 4 LEXINGTON HGTS ADDN DBK 70 NS P 126 #SEC 25 T4S R1W#MP29 07 25 0 005

Parcel #: 022907250005128.01

Last assessed to: Bilbo Harold
Attention; Caria Bilbo
2868 Brossett Street
Mobile, AL 36606

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.
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BE IT FURTHER RESOLVED the City Clerk of the City shall mall 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 Assistant City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Manzie and the vote was as follows:

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

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

DECLARE THE STRUCTURE AT 1350-B ST. STEPHENS ROAD A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 40-535-2017

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26. 2002, the structure at 1350-B St. Stephens Road 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 1350-B St. Stephens Road described as:

N 1/2 OF FOLL DESC PPTY LOT 1 BLK 1 LEXINGTON HGTS ADD DBK 70 NS P 126 & MORE PARTIC DESC AS COMG AT NW COR OF ST STEPHENS RD & RYLAND ST & RUN TH WLY ON N/L OF ST STEPHENS R D 44.1

Parcel #: 022907250005128

Last assessed to: Bilbo Harold
c/o Karla & Karen Bilbo
2868 Brossett Street
Mobile, AL 36606

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

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

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

AUTHORIZE REMOVAL OF WEEDS, GROUP #1566. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 58-536-2017

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 25th 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 25th 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. 1566, 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 Assistant City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Daves and the vote was as follows:

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

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

SUPPORT ADOPTION OF A CHILD CARE SAFETY ACT. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 60-537-2017

Sponsored by: Councilmembers Rich, Gregory and Daves

A RESOLUTION SUPPORTING ADOPTION OF A CHILD CARE SAFETY ACT

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City Council, as the governing body of the City of Mobile, hereby endorses and supports legislation requiring that all child-care facilities and child daycare facilities, including pre-schools, be subject to licensing and regulation by the Department of Human Resources.

BE IT FURTHER RESOLVED, that the City Council supports legislation requiring criminal history background checks be conducted on all workers employed at any childcare facility, child day-care facility, or pre-school facility.

BE IT FURTHER RESOLVED, that the City Council requests that the Alabama House and Senate give consideration to this legislation at the next legislative session and that the Mobile County Legislative Delegation support this legislation.

BE IT FURTHER RESOLVED that a copy of this Resolution shall be provided to the Governor, each member of the Mobile County Legislative Delegation, and each member of the Alabama House and Senate.

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

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

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

DECLARE THE RESULTS OF THE MUNICIPAL ELECTION HELD ON AUGUST 22, 2017, FOR MAYOR AND COUNCIL DISTRICTS 1, 3, 4, 5 AND 6. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 27-548-2017

Sponsored by: Mobile City Council

WHEREAS, the general election for the City of Mobile was duly and legally held on August 22, 2017, as provided by law; and

WHEREAS, the municipal governing body of the City of Mobile met on this 29th day of August, 2017, a quorum thereof being present at 10:30 a.m., and has canvassed the returns and has ascertained and determined the number of votes received by each candidate, and

WHEREAS, the said municipal governing body has ascertained and determined the result of said election as follows:

MAYOR TOTAL VOTES
Donavette Ely 142
Sam Jones 21,296
Sandy Stimpson 28,714
Anthony Thompson 198

COUNCILMEMBER DISTRICT 1
Perry Berens 177
Timothy Hollis 459
Cory Penn 1,832
Fred Richardson 4,883

COUNCILMEMBER DISTRICT 3
Leola L. Chaney 1,147
C. J. Small 4,602

COUNCILMEMBER DISTRICT 4
Robert Martin 2,175
John C. Williams 5,199

COUNCILMEMBER DISTRICT 5
Joel Daves 4,214
Arianna McArthur 1,234

COUNCILMEMBER DISTRICT 6
Deryl Pendleton 1,422
Bess Rich 6,268

We, the undersigned Mayor and Council, do hereby certify that the attached pages contain a true and correct copy of results of a Municipal Election held August 22, 2017, in the City of Mobile, Alabama.

A copy of the Canvass Printout by machine is attached hereto and made a part hereof as though set forth in full.

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

1. That Sandy Stimpson received a majority of the votes cast for the office of Mayor and is hereby declared duly elected to that office for the term beginning the first Monday in November, 2017.

2. That Fred Richardson received a majority of the votes cast for the office of City Council, District 1, and is hereby declared duly elected to that office for the term beginning the first Monday in November, 2017.

3. That C. J. Small received a majority of the votes cast for the office of City Council, District 3, and is hereby declared duly elected to that office for the term beginning the first Monday in November, 2017.

4. That John C. Williams received a majority of the votes cast for the office of City Council, District 4, and is hereby declared duly elected to that office for the term beginning the first Monday in November, 2017.

5. That Joel Daves received a majority of the votes cast for the office of City Council, District 5, and is hereby declared duly elected to that office for the term beginning the first Monday in November, 2017.

6. That Bess Rich received a majority of the votes cast for the office of City Council, District 6, and is hereby declared duly elected to that office for the term beginning the first Monday in November, 2017.

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

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

The vote was then announced by the Assistant 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 Resolution 21-539 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 CHANGE ORDER #1 FOR CONTRACT WITH HARWELL & COMPANY, LLC FOR 2017 CITY WIDE SIDEWALK REPAIRS AND MAINTENANCE, INCREASE $150,000.00 (TIF, $70,000.00 ; SDW02, $80,000.00) (2017 CIP; PROJECT NO. 2016-3005-08A; D2). The following resolution was held over for one (1) week until the regular meeting of Tuesday, September 5, 2017.

RESOLUTION: 13-538-2017

Sponsored by: Councilmember Manzie and Mayor Stimpson

WHEREAS, the City entered into a contract dated December 13, 2016 with Harwell & Company, LLC for construction services on the project known as 2017 CIP Project, 2017 City Wide Sidewalk Repairs and Maintenance; and

WHEREAS, the renewed contract amount totals $515,200.00; and

WHEREAS, additional funding of $80,000.00 was received from a cancelled project and $70,000.00 was received from TIFF funding;

WHEREAS, the additional funding totals $150,000.00

WHEREAS, the adjustment to the contract amount for construction services 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 $150,000.00, for a total of $665,200.00, to be paid to Harwell & Company, LLC for construction services on the 2017 City Wide Sidewalk Repairs and Maintenance Project.

AUTHORIZE CONTRACT WITH BPM CONSTRUCTION, INC. FOR WOODCOCK SCHOOL-BREAKROOM UPGRADES, $42,166.00 (PR-169-17; 2017 CIP #128; D2; CO301). The following resolution was introduced by Councilmember Small.

RESOLUTION: 21-539-2017

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: BPM Construction, Inc.

Project name: Woodcock School - Breakroom Upgrades

Project number: PR-169-17

Amount: $42,166.00

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

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

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

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CHANGE ORDER #1 FOR CONTRACT WITH MCELHENNEY CONSTRUCTION COMPANY, LLC FOR TOULMINVILLE SIDEWALKS 2014 CDBG PRJECT, INCREASE $91,089.39 (COM PROJECT NO. 2014-201-13; CO284; D1). The following resolution was held over for one (1) week until the regular meeting of Tuesday, September 5, 2017.

RESOLUTION: 13-540-2017

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 change order,
by and between the City of Mobile and the company listed below. A copy of said
executed contract amendment will be on file in the office V the City Clerk.

Name of company: McElhenney Construction Co., LLC

Project name: Toulminville Sidewalks 2014 CDBG Project
Change Order #1

COM project no.: 2014-202-13

Increased amount: $91,089.39

AUTHORIZE CONTRACT WITH CINTAS CORPORATION NO. 2 FOR UNIFORM AND MAT RENTAL SERVICES FOR CITY DEPARTMENTS, $150,000.00 PER YEAR. The following resolution was held over for one (1) week until the regular meeting of Tuesday, September 5, 2017.

RESOLUTION: 21-541-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and Cintas Corporation No. 2 as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the Office of the City Clerk.

AUTHORIZE AGREEMENT WITH THE STATE OF ALABAMA FOR PRELIMINARY ENGINEERING, STATE $3,540,000.00; CITY $3,320,000.00 (ST-049-999-013; PROJECT REFERENCE NUMBER 100066564; CITY OF MOBILE 2016 TIGER GRANT; ONE MOBILE-COMPLETE STREETS INTIATIVE). The following resolution was held over for one (1) week until the regular meeting of Tuesday, September 5, 2017.

RESOLUTION: 31-542-2017

Sponsored by: Mayor Stimpson

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

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

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

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

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

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

APPROVE APPLICATION OF FRANK E. ANDERSON, JR. D/B/A 4A CARRIERS, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A TRANSPORTATION SERVICE. The following resolution was held over for one (1) week until the regular meeting of Tuesday, September 5, 2017.

RESOLUTION: 37-543-2017

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of Frank E. Anderson, Jr. d/b/a 4A Carriers, LLC for a Certificate of Public Convenience and Necessity for a transportation service is hereby approved. A copy of said application is on file in the office of the City Clerk.

ASSENT TO THE VACATION OF A PORTION OF NICHOLSON ROAD (BETWEEN DOUGLAS LANE AND FAYE STREET) (DISTRICT 3). The following resolution was held over for one (1) week until the regular meeting of Tuesday, September 5, 2017.

RESOLUTION: 47-544-2017

Sponsored by: Councilmember Small

WHEREAS, TCIP-C, 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 TCIP-C, 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 TCIP-C, 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.
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 A, P & E SUBDIVISION AS RECORDED IN MAP BOOK 114, PAGE 107 PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA, THENCE SOUTH 17º - 15' - 12" WEST 235.00 FEET; THENCE NORTH 89º - 20' - 25" EAST 41.74 FEET TO A POINT APPROXIMATELY 35 FEET FROM THE CENTERLINE OF HALLS MILL ROAD; THENCE NORTH 17º - 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 83º - 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.

CONSIDER A VACATION OF RIGHT-OF-WAY FEE AS A CONDITION OF THE VACATION OF A PORTION OF NICHOLSON ROAD (BETWEEN DOUGLAS LANE AND FAYE STREET) (DISTRICT 3). The following resolution was held over for one (1) week until the regular meeting of Tuesday, September 5, 2017.

RESOLUTION: 47-545-2017

Sponsored by: Councilmember Small

RESOLUTION ESTABLISHING A VACATION OF RIGHT OF WAY FEE AS A CONDITION OF THE VACATION OF A PORTION OF NICHOLSON ROAD (BETWEEN DOUGLAS LANE AND FAYE STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, as follows;

That the Council, after conducting a public hearing on, 2017, does hereby determine that the right-of-way fee for the vacation of a portion of Nicholson Road (between Douglas Lane and Faye Street) to be vacated pursuant to Resolution 47-544, is set at $5,467.70 and that such amount is due to be assessed as the reasonable fee for the vacation of such right-of-way.

The payment of the fee set in this Resolution is and shall be a condition precedent to the exercise of the power to vacate the right-of-way, such that payment of such fee is required before the vacation of the right-of-way shall become effective.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 3915 AND 3921 COTTAGE HILL ROAD (SOUTH SIDE OF COTTAGE HILL ROAD, 235’ ± EAST OF AZALEA ROAD, EXTENDING TO THE NORTH SIDE OF SHELLEY DRIVE, 215 ± EAST OF AZALEA ROAD), FROM B-1 AND B-2 TO LB-2.

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least onc


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