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 Nov 14, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA NOVEMBER 14, 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, November 14, 2017, at 9:00 a.m.

Present:
Chairman: Manzie
Councilmembers: Richardson, Small, Williams, Daves, Rich and Gregory
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: November 21, 2017

_______________________________
COUNCIL VICE PRESIDENT

_______________________________
CITY CLERK


MUNCIPAL BUILDING, MOBILE, ALABAMA, NOVEMBER 14, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, November 14, 2017, at 10:30 a.m., in regular meeting.

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

Reverend Ulmer Marshall, Trinity Lutheran Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

STATEMENT OF RULES BY COUNCIL VICE 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.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson presented a Certificate of Recognition to Mobile Police Officer Johnny Duval naming him Officer of the Month for October 2017.

Mayor Stimpson reported a meeting was held last night to present preliminary scenarios for the re-purposing of the Mobile Civic Center.

Mayor Stimpson spoke about the benefits of proposed Ordinance 01-046 on today’s agenda.

Mayor Stimpson announced the annual lighting of the Christmas tree in Bienville Square will be held this Friday, from 5:00 p.m. until 8:00 p.m.

Councilmember Gregory presented Certificates of Recognition to the coaches and players of the Clark Shaw Magnet School football team in honor of them winning the 2017 3A Middle School Championship with a 26-14 win over Burns Middle School on Thursday, October 12, 2017.

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, 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.

PUBLIC HEARINGS:

PUBLIC HEARING TO CONSIDER ASSENTING TO THE VACATION OF A PORTION OF DINKINS DRIVE AND PORTIONS OF LOTS 1-4, MARTHA YOUNG ESTATES (DISTRICT 4).

The Presiding Officer announced that today was the day for the public hearing to consider assenting to the vacation of a portion of Dinkins Drive and portions of lots 1-4, Martha Young Estates and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO CONSIDER A RIGHT-OF-WAY FEE AS A CONDITION OF THE VACATION OF A PORTION OF DINKINS DRIVE AND PORTIONS OF LOTS 1-4, MARTHA YOUNG ESTATES (DISTRICT 4).

The Presiding Officer announced that today was the day for the public hearing to consider a right-of-way fee as a condition of the vacation of a portion of Dinkins Drive and portions of lots 1-4, Martha Young Estates 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 SOLICIT PUBLIC COMMENT CONCERNING THE CITY’S SOLID WASTE MANAGEMENT PLAN.

The Presiding Officer announced that today was the day for the public hearing to solicit public comment concerning the City’s Solid Waste Management Plan and asked if there was anyone present to speak for or against this matter.

Lula Albert, 16325 Highway 45, Citronelle, Alabama, asked what, if any, differences the plan has.

Denise Brown, City of Mobile Engineering Department, provided answers to Ms. Albert.

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 C’ARACHER SMALL, JR. D/B/A PORT CITY LIMOUSINE SERVICE, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A LIMOUSINE SERVICE.

The Presiding Officer announced that today was the day for the public hearing to consider the application of C’Aracher Small, Jr. d/b/a Port City Limousine Service, LLC for a Certificate of Public Convenience and Necessity to operate a limousine service 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.

PRESENTATIONS OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

Reggie Hill, 200 Government Street, asked questions regarding Ordinance 01-046.

Arthur Clevenger, 5701 Regency Court, asked questions regarding Resolution 25-726.

NON-AGENDA ITEMS:

James L. Jackson, Jr., 224 Garrison Avenue, Prichard, Alabama, invited the Council to the “Feeding Our Forgotten” pre-Thanksgiving breakfast on Wednesday, November 22, 2017, 8:00 a.m. – 10:00 a.m., at 558 Dauphin Street.

Ester de Aguiar, 2900 Dauphin Street, provided information about the Mobile International Festival.

RESOLUTIONS HELD OVER:

AUTHORIZE CONTRACT WITH JAMES H. ADAMS & SON CONSTRUCTION COMPANY, INC. FOR 2017 CIP BRIDGE MAINTENANCE AND REPAIR, $434,444.00 (#2017-3005-10; D1 #29; D2 #97; D3 #200; D4 #265; D5 #336; D6 #392 AND D7#448; BRC18). The following resolution which was introduced and read at the regular meeting of Tuesday, November 7, 2017 and held over until the regular meeting of November 14, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-718-2017

Sponsored by: Councilmembers Richardson, Manzie, Small, Williams,
Daves, Rich, Gregory and Mayor Stimpson

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

Name of company: James H. Adams & Son Construction Co. Inc.

Project name: 2017 CIP Bridge Maintenance and Repair

Estimated cost: $434,444.00

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

Ayes: Richardson, 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 MASTER SERVICES AGREEMENT WITH SAWGRASS CONSULTING, LLC FOR 2018 CIP MISCELLANEOUS DRAINAGE REPAIRS, $82,800.00 (PROJECT NO. 2018-3005-04; C0327; D5 #328 AND #332, D6 #382 AND #383; D7 #433 AND #442). The following resolution which was introduced and read at the regular meeting of Tuesday, November 7, 2017 and held over until the regular meeting of November 14, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-722-2017

Sponsored by: Councilmembers Daves, Rich, 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, an agreement, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the office of the City Clerk.

Name of company: Sawgrass Consulting, LLC

Project name: Master Service Agreement Project No. 2018-3005-04
2018 CIP Miscellaneous Drainage Repairs

Estimated cost: $82,800.00

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.

AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH VELVETILLUSION S. A. TO ACT AS A VOIP CONSULTANT, $20,000.00 (TO BE PAID IN TWO INCREMENTS) (GENERAL FUND-IT PROFESSIONAL & TECHNICAL 10045000-42200). The following resolution which was introduced and read at the regular meeting of Tuesday, November 7, 2017 and held over until the regular meeting of November 14, 2017 was called up by the Presiding Officer.

RESOLUTION: 01-723-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Professional Services Agreement between City of Mobile and Velvetillusion S.A., as outlined in the agreement attached hereto and made a part hereof as though set forth in full herein. A copy of said agreement is on file in the office of the City Clerk.

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

AUTHORIZE CONTRACT WITH JAMES H. ADAMS & SON CONSTRUCTION COMPANY FOR SCHILLINGER ROAD INTERSECTION IMPROVEMENTS AT THOMAS ROAD, $146,444.00 (PROJECT NO. 2015-202-22; D6; CO182). The following resolution which was introduced and read at the regular meeting of Tuesday, November 7, 2017 and held over until the regular meeting of November 14, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-724-2017

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as 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: James H. Adams & Son Construction Co.

Project name: Schillinger Road Intersection Improvements @ Thomas Road

Estimated cost: $146,444.00

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.

ACCEPT A TEMPORARY CONSTRUCTION EASEMENT FROM ADVANCED ALABAMA MEDIA, LLC NEEDED FOR TIGER 2016 PHASE I (PROJECT NO. 2018-3005-01; G-TIGER16). The following resolution which was introduced and read at the regular meeting of Tuesday, November 7, 2017 and held over until the regular meeting of November 14, 2017 was called up by the Presiding Officer.

RESOLUTION: 25-725-2017

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the City hereby accepts the attached Temporary Construction Easement from Advanced Alabama Media, LLC, needed for TIGER 2016 Phase 1 (Project No. 2018-3005-01):

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

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.

ACCEPT NON-EXCLUSIVE EASEMENT AGREEMENT WITH ACTIVATION MANAGEMENT, LLC FOR VEHICULAR PARKING OVER, ON, UPON AND ACROSS CERTAIN LANDS IN THE CITY OF MOBILE. The following resolution which was introduced and read at the regular meeting of Tuesday, November 7, 2017 and held over until the regular meeting of November 14, 2017 was called up by the Presiding Officer.

RESOLUTION: 27-726-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Non-Exclusive Easement Agreement between City of Mobile and Activation Management, LLC, as outlined in the easement agreement attached hereto and made a part hereof as though set forth in full herein.

A copy of said agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be tabled, 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 City Clerk, whereupon the Presiding Officer declared the resolution tabled.

ORDINANCES BEING INTRODUCED:

ORDINANCE TO AMEND CHAPTER ONE OF THE MOBILE CITY CODE TO ALLOW CERTAIN CRIMINAL OFFENSES TO BE CHARGED BY ISSUANCE OF AN ALABAMA UNIFORM NONTRAFFIC CITATION AND COMPLAINT (UNTCC). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, November 21, 2017.

ORDINANCE: 01-046-2017

Sponsored by: Mayor Stimpson

AN ORDINANCE TO AMEND CHAPTER ONE OF THE MOBILE CITY CODE, TO ALLOW CERTAIN CRIMINAL OFFENSES TO BE CHARGED BY ISSUANCE OF AN ALABAMA UNIFORM NONTRAFFIC CITATION AND COMPLAINT (UNTCC) NOT REQUIRING CUSTODIAL ARREST AND A COURT APPEARANCE IF UNCONTESTED

WHEREAS, the Mobile Police Department handles many varied offenses when enforcing the Alabama Criminal Code and the City of Mobile Municipal Code; and

WHEREAS, some of those offenses are relatively minor yet still require defendants to submit to custodial arrest and bonding requirements just as they would if committing far more serious offenses; and

WHEREAS, processing defendants under custodial arrest charged with minor offenses (meaning those offenses not involving violence, weapons, fighting words, or a danger to others), constitutes a disproportionate burden on City resources, relative to gravity of the minor offenses.

SECTION ONE: That CHAPTER 1, ARTICLE H., DIVISION 2, of Mobile City Code, is hereby amended to read as follows:

Add Sec. 1-35, to read as follows: The following minor offenses may, at the sole discretion of the City, be charged by issuance of a UNTCC by a sworn Mobile Police Officer:

The listing of the above offenses is without limitation to or exclusion of all other minor offenses which may, at the sole discretion of the City, be charged by issuance of a UNTCC by a sworn Mobile Police Officer as may be allowed under Alabama law.

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

SECTION THREE: Severability. The provisions of this Ordinance are severable. If any part of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, that declaration shall not affect the part or parts that remain.

SECTION FOUR: Conflicts. All ordinances and laws, or parts thereof that are in conflict with the provisions of this Ordinance, are hereby repealed.

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 37-731 and 37-732 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:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A NON-PROFIT TAX EXEMPT LICENSE FOR THE WOMEN’S BUSINESS CENTER, INC., MISTLE TOE MINGLE, 318 DAUPHIN STREET. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-731-2017

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: Non-profit Tax Exempt License

Submitted by: Women's Business Center, Inc.

Location: Mistle Toe Mingle
318 Dauphin Street
Mobile, AL 36602

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR-CLASS I LICENSE FOR HOLIDAY INN DOWNTOWN HISTORIC MOBILE, 301 GOVERNMENT STREET. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-732-2017

Sponsored by: Councilmember Manzie

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

Type of application: Lounge Retail Liquor-Class 1 License

Submitted by: Twin Hotels, LLC

Location: Holiday Inn Downtown Historic Mobile
301 Government Street
Mobile, AL 36602

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

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONSTRUCTION AGREEMENT WITH THE ALABAMA DEPARTMENT OF TRANSPORTATION FOR THE 2016 TIGER GRANT-COMPLETE STREETS INITIATIVE. The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 21, 2017.

RESOLUTION: 01-733-2017

Sponsored by: Councilmember Manzie and 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.

AUTHORIZE PROJECT AGREEMENT BETWEEN CITY OF MOBILE, MOBILE COUNTY AND SSAB ENTERPRISES, LLC, $750,000.00. The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 21, 2017.

RESOLUTION: 01-734-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Project Agreement by arid among Mobile County, the City of Mobile and SSAB Enterprises, LLC, as outlined in the Project Agreement attached hereto and made a part hereof as though set forth in full herein. A copy of said agreement is on file in the office of the City Clerk.

RE-APPOINT COUNCILMEMBER BESS RICH TO THE MOBILE CITY PLANNING COMMISSION. The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 21, 2017.

RESOLUTION: 03-739-2017

Sponsored by: Councilmember Manzie

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Bess Rich is hereby re-appointed as an Ex Officio member of the Mobile Planning Commission for a term ending October 31, 2018.

APPROVE THE APPLICATION OF C’ARACHER SMALL, JR. D/B/A PORT CITY LIMOUSINE SERVICE, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A LIMOUSINE SERVICE. The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 21, 2017.

RESOLUTION: 37-735-2017

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of C'aracher Small, Jr. d/b/a Port City Limousine Service, LLC, for a Certificate of Public Convenience and Necessity for a limousine 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 DINKINS DRIVE AND PORTIONS OF LOTS 1-4, MARTHA YOUNG ESTATES (DISTRICT 4). The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 21, 2017.

RESOLUTION: 47-736-2017

Sponsored by: Councilmember Williams

RESOLUTION ASSENTING TO VACATION OF PORTION OF DINKINS DRIVE AND PORTIONS OF LOTS 1-4, MARTHA YOUNG ESTATES

WHEREAS, Petitioners Patricia M. Lyon; the Estate of Vivian G. Johnston, Jr., deceased, as Successor in interest to Vivian 0. Johnston, Jr. (a/k/a) V. G Johnston, Jr., by and through Vivian G. Johnston, III, as Co-Personal Representative; Neil C. Johnston, as Co-Personal Representative; Jennifer J. Cobb, as Co-Personal Representative; and BWS-LD 2010 Properties, LP, are the abutting owners and holders of interest in the unopened road rights-of-way located within a portion of Dinkins Drive and an easement reserved for future dedication of a portion of Garmons Lane, a public street, more particularly described as follows, to wit:

DESCRIPTION OF PARCEL "1":

BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2, MARTHA YOUNG ESTATE, AS PER PLAT RECORDED IN MAP BOOK 13, PAGE 58 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, RUN N 89° 44' 00" W ALONG THE NORTHERN BOUNDARY OF SAID PARCEL 2, MARTHA YOUNG ESTATE, AND A WESTWARD EXTENSION OF SAID NORTH BOUNDARY, A DISTANCE OF 229.29 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF UNIVERSITY BOULEVARD; THENCE ALONG SAID EAST RIGHT OF WAY LINE OF UNIVERSITY BOULEVARD, RUN N 06° 08' 00" W 15.09 FEET TO A POINT ON THE SOUTH LINE OF COTTAGE VILLAGE SHOPPING CENTER; THENCE ALONG SAID SOUTH LINE OF COTTAGE VILLAGE SHOPPING CENTER, RUN S 89° 44' 00" E 234.64 FEET TO A POINT ; THENCE RUN S 14° 00' 30" W 15.44 FEET TO THE POINT OF BEGIN^G. CONTAINING 3479 SQUARE FEET.

DESCRIPTION OF PARCEL "2":

BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2, MARTHA YOUNG ESTATE, AS PER PLAT RECORDED IN MAP BOOK 13, PAGE 58 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, RUN S 89° 44' 00" E ALONG THE NORTHERN BOUNDARY OF SAID PARCEL I, MARTHA YOUNG ESTATE, A DISTANCE OF 159.35 FEET TO A POINT; THENCE RUN N 17° 46' 00" E 15.73 FEET TO A POINT ON THE SOUTH LINE OF COTTAGE VILLAGE SHOPPING CENTER; THENCE ALONG SAID SOUTH LINE OF COTTAGE VILLAGE SHOPPING CENTER, RUN N 89° 44' 00" W 160.41 FEET TO A POINT; THENCE RUN S 14° 00' 30" W 15.44 FEET TO THE POINT OF BEGINNING. CONTAINING 2399 SQUARE FEET.

DESCRIPTION OF PARCEL "3";

BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2, MARTHA YOUNG ESTATE, AS PER PLAT RECORDED IN MAP BOOK 13, PAGE 58 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, RUN S 14° 00' 30" W ALONG THE EAST BOUNDARY OF SAID PARCEL 2, MARTHA YOUNG ESTATE, A DISTANCE OF 25.74 FEET TO A POINT THAT IS 25 FEET SOUTH OF THE NORTH BOUNDARY OF SAID PARCEL 2, MARTHA YOUNG ESTATE, AS MEASURED AT RIGHT ANGLES; THENCE 25 FEET SOUTH OF AND PARALLEL WITH SAID NORTH BOUNDARY OF PARCEL2, MARTHA YOUNG ESTATE, RUN N 89° 44' 00" W 135.46 FEET TO A POINT THAT IS 25 FEET EAST OF THE WEST BOUNDARY OF SAID PARCEL 2, MARTHA YOUNG ESTATE, AS MEASURED AT RIGHT ANGLES; THENCE 25 FEET EAST OF AND PARALLEL WITH SAID WEST BOUNDARY OF PARCEL 2, MARTHA YOUNG ESTATE, RUN S 13° 50' 10" W 247.07 FEET TO A POINT ON THE WEST BOUNDARY OF PARCEL 3 OF SAID MARTHA YOUNG ESTATE; SAID POINT BEING ON THE EAST RIGHT OF WAY LINE OF UNIVERSITY BOULEVARD; THENCE ALONG SAID WEST BOUNDARY OF SAID PARCEL 3, MARTHA YOUNG ESTATE AND SAID EAST RIGHT OF WAY LINE OF UNIVERSITY BOULEVARD, RUN N 06° 08' 00" W 73.20 FEET TO A POINT; THENCE CONTINUING ALONG SAID WEST BOUNDARY OF PARCEL 3, MARTHA YOUNG ESTATE AND ALONG THE AFOREMENTIONED WEST BOUNDARY OF PARCEL 2, MARTHA YOUNG ESTATE, RUN N 13° 50' I0"E 197.95 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2, MARTHA YOUNG ESTATE; THENCE ALONG THE AFOREMENTIONED NORTH BOUNDARY OF SAID PARCEL 2, MARTHA YOUNG ESTATE, RUN S 89° 44' 00" E 161.26 FEET TO THE POINT OF BEGINNING. CONTAINING 9271 SQUARE FEET.

DESCRIPTION OF PARCEL "4A":

BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2, MARTHA YOUNG ESTATE, AS PER PLAT RECORDED IN MAP BOOK 13. PAGE 58 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, RUN S 89° 44' 00" E ALONG THE NORTH BOUNDARY OF PARCEL 1 OF SAID MARTHA YOUNG ESTATE, A DISTANCE OF 159.35 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF GARMON'S LANE, AS WIDENED; THENCE ALONG SAID WEST RIGHT OF WAY LINE OF GARMON'S LANE, AS WIDENED, RUN S 17° 46' 00" W 129.07 FEET TO THE P.O. OF A 25.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE CONTINUING ALONG SAID WEST RIGHT OF WAY LINE OF GARMON'S LANE, AS WIDENED, RUN 29.79 FEET ALONG THE ARC OF SAID CURVE (CHORD BEARS S 51° 54' 10" W AND MEASURES 28.06 FEET) TO A POINT; THENCE RUN N 14° 13' 00" E 119.04 FEET TO A POINT THAT IS 25 FEET SOUTH OF THE NORTH BOUNDARY OF SAID PARCEL I, MARTHA YOUNG ESTATE, AS MEASURED AT RIGHT ANGLES; THENCE 25 FEET SOUTH OF AND PARALLEL WITH SAID NORTH BOUNDARY OF PARCEL 1, MARTHA YOUNG ESTATE, RUN N 89° 44' 00" W 133.34 FEET TO A POINT ON THE WEST BOUNDARY OF SAID PARCEL 1, MARTHA YOUNG ESTATE; THENCE ALONG SAID WEST BOUNDARY OF PARCEL 1, MARTHA YOUNG ESTATES, RUN N 14° 00' 30" E 25.74 FEET TO THE POINT OF BEGINNING. CONTAINING 6254 SQUARE FEET.

DESCRIPTION OF PARCEL "4B":

COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2, MARTHA YOUNG ESTATE, AS PER PLAT RECORDED IN MAP BOOK 13, PAGE 58 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA; SAID POINT BEING THE NORTHWEST CORNER OF PARCEL 1 OF SAID MARTHA YOUNG ESTATE; THENCE ALONG THE WEST BOUNDARY OF SAID PARCEL 1, MARTHA YOUNG ESTATE, RUN S 14® 00' 30" W 144.97 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1, MARTHA YOUNG ESTATE; THENCE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1, MARTHA YOUNG ESTATE, RUN S 89° 50' 00" E 132.95 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID SOUTH BOUNDARY OF PARCEL 1, MARTHA YOUNG ESTATE, RUN S 89° 50' 00" E 16.52 FEET TO A POINT ON THE WEST RIGHT OF WAY OF GARMON'S LANE, AS WIDENED; THENCE ALONG SAID WEST RIGHT OF WAY OF GARMON'S LANE, AS WIDENED, RUN S 17° 46' 00" W 143.29 FEET TO A POINT ON THE SOUTH BOUNDARY OF PARCEL 4 OF SAID MARTHA YOUNG ESTATE; THENCE ALONG SAID SOUTH BOUNDARY OF PARCEL 4, MARTHA YOUNG ESTATE, RUN S 88° 5 T 30" W 7.41 FEET TO A POINT; THENCE RUN N 14° 13'00" E 140.96 FEET TO THE POINT OF BEGINNING. CONTAINING 1631 SQUARE FEET.

[Parcels 1, 2, 3 and 4B hereinafter called the "Rights-of-Way"]

WHEREAS, the Petitioners have filed a Petition with the City Council for the City of Mobile, Alabama (the "City Council") requesting that the City Council adopt a resolution assenting to the vacation of the aforesaid easements and/or Rights-of-Ways herein described; and

WHEREAS, the Petitioners, pursuant to Ala. Code §23-4-20 (1975), as amended, desire to vacate and close the aforesaid Rights-of-Ways herein described and, pursuant to applicable law, destroy the force and effect of the dedication of the aforesaid rights-of-way herein described, and to divest all public rights, including any and all rights which may have been acquired by prescription in and to the aforesaid Rights-of-Ways herein described; and

WHEREAS, the aforesaid Rights-of-Ways herein described are not now used by the public as a street, way or access of any kind and are of no use to the public as a street or a portion of a street and it is in the interest of the public that that the aforesaid rights-of-way be closed and vacated; and

WHEREAS, the vacation of the aforesaid Rights-of-Ways herein described shall not deprive other property owners of such rights as they may have to convenient and reasonable means of ingress and egress to and from their respective properties.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City Council does ASSENT to the vacation of the unopened rights-of-way located within a portion of Dinkins Drive and an easement for dedication of a portion of Garmons Lane, as herein described and that such rights-of-way are VACATED AND ANNULLED AND ALL PUBLIC RIGHTS AND EASEMENTS THEREIN DIVESTED of the lands described as rights-of-way and easement as herein described.

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, subject, however, to the following conditions:

(a) 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;

(b) The City of Mobile will retain said right-of-way (east and west portions of Parcels 1, 2, 3 & 4) as a utility easement for Mobile Water and Sewer System.

(c) An easement is excepted from this vacation and is retained in favor of Mobile Gas Service Corporation to operate and maintain existing facilities until they are either relocated or abandoned.

(d) 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.

CONSIDER A RIGHT-OF-WAY FEE AS A CONDITION OF VACATION OF A PORTION OF DINKINS DRIVE AND PORTIONS OF LOTS 1-4, MARTHA YOUNG ESTATES (DISTRICT 4). The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 21, 2017.

RESOLUTION: 47-737-2017

Sponsored by: Councilmember Williams

RESOLUTION ESTABLISHING A VACATION OF RIGHT OF WAY FEE AS A CONDITION OF THE VACATION OF A PORTION OF DINKINS DRIVE AND PORTIONS OF LOTS 1-4, MARTHA YOUNG ESTATES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, as follows:

That the Council, after conducting a public hearing on November 14, 2017, does hereby determine that the right-of-way fee for the vacation of a portion of Dinkins Drive and portions of Lots 1-4, Martha Young Estates to be vacated pursuant to Resolution 47-737, is set at $_______ 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.

ADOPT THE CITY’S SOLID WASTE MANAGEMENT PLAN. The following resolution was held over for one (1) week until the regular meeting of Tuesday, November 21, 2017.

RESOLUTION: 60-738-2017

Sponsored by: Mayor Stimpson

WHEREAS, the City of Mobile is required by Alabama Law 89-824 to develop a solid waste management plan to submit to the Alabama Department of Environmental Management which must provide a ten year plan to address landfill management, waste collection, illegal dumping, recycling, composting and waste alternatives; and

WHEREAS, the City of Mobile has made available a public comment period to review the solid waste management plan and has conducted a public hearing to solicit public input; and

WHEREAS, the completed solid waste management plan must be authorized through a resolution by all participating jurisdictions before submission to the Alabama Department of Environmental Management;

NOW, THEREFORE, BE IT RESOLVES BY THE CITY CONCIL OF THE CITY OF MOBILE, that the solid waste management plan, attached hereto and made a part hereof as though set forth in full, is approved for the City of Mobile and that the Mayor is hereby authorized to sign all necessary correspondence, documents, and assurances involved in the submission of this plan to the Alabama Department of Environmental Management. In addition, the solid waste plan will serve at the basis for waste management regulations with amendments as needed for the ten year planning period beginning January 1, 2018.

ANNOUNCEMENTS:

Councilmember Small announced the district three holiday celebration will be held on Tuesday, December 12, 2017, at 6:30 p.m., at Palmer Pillans Middle School. Non-perishable gifts for senior citizens will be collected.

Councilmember Small stated the district three Christmas parade will be held on Saturday, December 16, 2017, at 2:00 p.m.

Councilmember Rich encouraged the public to attend the Mobile International Festival this weekend.

Councilmember Richardson noted that he will be attending a National League of Cities conference with Councilmembers Manzie, Williams and Gregory and Executive Director of Planning Diane Irby in Charlotte, North Carolina, this week to present the City’s Capital Improvement Plan.

Councilmember Williams stressed the significance of the Capital Improvement Plan being showcased in Charlotte, North Carolina.

Councilmember Gregory conveyed eagerness to be part of the panel travelling to Charlotte, North Carolina to present the City’s Capital Improvement Plan to other cities.

Councilmember Gregory invited district seven residents to her annual Christmas party at the Mobile Museum of Art on December 5, 2017.

Councilmember Manzie indicated the district two Christmas party will be held on December 7, 2017, at Via Senior Center, at 6:00 p.m. Gifts for senior citizens will be collected.

Councilmember Manzie remarked that he looks forward to working with his colleagues in Charlotte, North Carolina.

Councilmember Daves moved to adjourn the meeting, 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 City Clerk, whereupon the Presiding Officer declared the regular meeting adjourned at approximately 11:27 a.m.

Approved: November 21, 2017



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COUNCIL VICE PRESIDENT


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CITY CLERK






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