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 10, 2015

MUNICIPAL BUILDING, MOBILE, ALABAMA, NOVEMBER 10, 2015

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, November 10, 2015, at 9:00 a.m.

Present:
Chair: Gregory
Councilmembers: Richardson, Manzie, Small, Williams, Rich
Absent: Daves

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: December 8, 2015

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, NOVEMBER 10, 2015

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, November 10, 2015, at 10:30 a.m., in regular meeting.

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

Council Vice-President Fredrick Richardson offered an invocation.

A moment of silence was observed in memory of Marva Watkins, a long-time educator with the Mobile County Public School System.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and dispensed with the reading of the following Rules concerning communications with the City Council, with the exception of #1, #2 and #4:

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 meetings of October 27 and November 3, 2015, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson presented a Certificate of Recognition to Officer Joshua Jones, Officer of the Month for October 2015.

Mayor Stimpson encouraged citizens to join him on Veteran’s Day in honoring the men and women who have sacrificed so much for us. He stated that he will be taking part in a Pre-Veterans Day Dinner today and the Veterans Day Parade and Luncheon on Wednesday.

Mayor Stimpson announced that the Riverside on Ice will officially open this Saturday at Cooper Riverside Park. He advised that the rink will be open seven days a week operating from noon to 10:00 p.m. on week days and until 11:00 p.m. on weekends.

Mayor Stimpson thanked the Mobile City Planning Commission for adopting the Map for Mobile as a framework that can be used to guide decisions in the years to come. He added that nearly 2,000 citizens participated in the actual planning process during workshops held throughout the City over the course of several months.

Mayor Stimpson mentioned that Chat and Chew will be held at the Island Wing Company on Thursday, November 13, 2015, at 11:30 a.m.

ADOPTION OF THE AGENDA:

Councilmember Richardson moved for the adoption of the agenda, which motion was seconded by Councilmember Rich, and the vote was as follows:

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

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

APPEALS:

(1) The Council considered the request of Patricia Beard for a waiver of the Noise Ordinance at 762 Marine Street on November 28, 2015, from 3:00 p.m. until 10:00 p.m. (District 3).

There being no objections, Councilmember Small moved that the waiver be granted, which motion was seconded by Councilmember Rich, and the vote was as follows:

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

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

(2) The Council considered the request of Pastor Donna Norstedt, Hearts of Hope Church, for a waiver of the Noise Ordinance at Medal of Honor Park on November 14, 2015, from 3:00 p.m. until 9:00 p.m. (District 6).

There being no objections, Councilmember Small moved that the waiver be granted, which motion was seconded by Councilmember Daves, and the vote was as follows:

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

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

Ms. Irene Antone, 2202 Clinton Street, spoke in opposition to the Comprehensive Watershed Management Plan for the Three Mile Creek Watershed.

Councilmembers Richardson and Manzie expressed enthusiastic support of the plan and the restoration of Three Mile Creek to make it an accessible recreational destination. They thanked the Mobile Bay National Estuary Program and all volunteers for their efforts.

Mr. Michael Pierce gave an update on his Leadership Academy class, and two of his students made comments on their experience with the class.

Councilmember Manzie recognized Paul Helminger from the University of South Alabama who is retiring after 40 years as a physics instructor. Councilmember Manzie also recognized Professor Helminger’s wife, Sammy, who was his fifth grade teacher at Mary B. Austin Elementary School.

ORDINANCES HELD OVER:

REZONE PROPERTY AT 901 AND 903 DAUPHIN STREET AND 2, 6, 10 & 14 SOUTH BROAD STREET (SOUTHWEST CORNER OF DAUPHIN STREET AND SOUTH BROAD STREET, EXTENDING TO THE NORTH SIDE OF CONTI STREET) FROM R-3, B-1, AND B-4 TO B-4 TO ELIMINATE SPLIT ZONING. The following ordinance which was introduced and read at the regular meeting of Tuesday, November 3, 2015, and laid over for one (1) week until the regular meeting of Tuesday, November 10, 2015, was called up by the Presiding Officer.

ORDINANCE 64-088-2015

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:

LOT 2 (PENDING), OF THE RESEBDIVISION OF LOT 1 OF THE LONE OAK SUBDIVISION).

The classification of said property is hereby changed from R-3, Multiple-Family District, B-1, Buffer-Business District, and B-4, General Business District, to B-4, General Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in B-I, General Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-4, General Business District until all of the conditions set forth below have been complied with: 1) Limited to an approved Planned Unit Development; 2) Completion of the Subdivision process; and 3) Full compliance with all other municipal codes and ordinances.

Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

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

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

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

STATE OF ALABAMA)
COUNTY OF MOBILE)

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-040 Series 2015, was published in the Press-Register, a newspaper of general circulation in the City and County of Mobile, Alabama, on, .

IN WITNESS WHEREOF, I have hereunto set my hand on this day of , 2015.


______________________________
City Clerk

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF RESOLUTIONS BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 03-724 through 37-733. The motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for Resolutions 03-724 through 37-733. Resolutions 01-728 through 60-735 will be laid over for one (1) week according to procedure.

CONSENT RESOLUTIONS BEING INTRODUCED:

APPOINT GLENN BOBBY THORNTON TO THE MOBILE DOWNTOWN REDEVELOPMENT AUTHORITY. The following resolution was introduced by Councilmember Rich.

RESOLUTION 03-718-2015

Sponsored by: Councilmember Small

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Glenn Bobby Thornton is hereby appointed to the Mobile Downtown Redevelopment Authority effective November 13, 2015, for a term ending November 12, 2021.

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

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

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

APPOINT DAVID MCGRATH AND RE-APPOINT MIKE JOHNSON, PAGE STALCUP AND JAY WEBER TO THE CITY OF MOBILE CITIZEN’S BUDGET AND FINANCE ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Rich.

RESOLUTION 03-725-2015

Sponsored by: Councilmembers Gregory, Williams, Daves and Rich

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that David McGrath (District 4) is hereby appointed and that Mike Johnson (District 7) and Jay Weber (District 6) are hereby re-appointed to the City of Mobile Citizen's Budget and Finance Advisory Committee for terms ending November 1, 2017.

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

Ayes: Richardson, Manzie, Small, Williams, Rich, Daves, 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 RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR WAL-MART 5740, 2570-A GOVERNMENT BOULEVARD, FUEL KIOSK. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-726-2015

Sponsored by: Councilmember Daves

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)

Submitted by: Walmart Stores East, LP

Location: Walmart 5740
2570-A Government Boulevard, Fuel Kiosk
Mobile, AL

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

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

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

DECLARE WEEDS NOXIOUS, GROUP #1529. The following resolution was introduced by Councilmember Richardson.

A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES.

WHEREAS, a survey has been made to determine the properties upon which or in front of which noxious or dangerous weeds are growing and the agents or employees of the City of Mobile have obtained the legal description of parcels of property in the City of Mobile upon which or in front of which such weeds are growing, and it has been determined to follow the provisions of Act No. 329 of the Legislature of the State of Alabama, approved on April 28, 1988, and to have caused such weeds to be cut or otherwise abated as public nuisances:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE AS FOLLOWS:

SECTION 1: It has been determined by the City Council of Mobile that the weeds growing on the privately owned lots or parcels of land described in Exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part thereof as though set forth in full, known as Group #1529 under the caption "NOXIOUS OR DANGEROUS WEEDS GROWING ON PROPERTY," are noxious and dangerous, and such weeds are hereby declared to be public nuisances. The properties upon which such weeds are growing are all located within the corporate limits of the City of Mobile, about the streets referred to in the description which are more particularly described in said Exhibit "A."

SECTION 2: The weeds growing on or in front of the above described parcels of property shall be abated by the removal of such noxious or dangerous weeds or they will be removed and the nuisances abated by the City of Mobile, in which case the cost of such removal will be assessed against the respective parcels of lands from which such weeds are removed, and such cost will constitute a lien upon such respective parcels of land until paid. A public meeting is hereby called to be held in the Auditorium of the Mobile Government Plaza, 205 Government Street, Mobile, Alabama, on the 15th day of December, 2015, at ten thirty a.m., for the purpose of hearing any objections to the declarations contained in this resolution and to the proposed removal of such weeds, at which time all objections will be heard and given due consideration by the City Council of Mobile; and it is directed that there shall be conspicuously posted in front of each parcel of property, a notice headed "NOTICE TO DESTROY WEEDS," such heading to be in words not less than one inch in height and substantially in the form set out in such Act No. 329, approved April 29, 1988.

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

Ayes: Richardson, Manzie, Small, Williams, Rich, Daves, 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 RESTAURANT RETAIL LIQUOR LICENSE FOR BRIQUETTES STEAKHOUSE, 901 MONTLIMAR DRIVE. The following resolution was introduced by Councilmember Daves.

RESOLUTION 37-733-2015

Sponsored by: Councilmember Daves

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.

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: Restaurant Retail Liquor

Submitted by: Briquettes, Inc.

Location: Briquettes Steakhouse
901 Montlimar Drive
Mobile, AL 36609

The resolution was read by the 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, Rich, Daves, Gregory
Nays: None

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

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE AMENDMENT #6 TO THE AGREEMENT WITH TYLER TECHNOLOGIES TO IMPLEMENT CAFR STATEMENT BUILDER ($14,937.00 ANNUALLY. The following resolution was laid over for one (1) week to the regular meeting of Tuesday, November 17, 2015.

RESOLUTION 01-728-2015

Sponsored by: Councilmembers Richardson & Rich and 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, Amendment No. 6 to the Agreement dated October 28, 2014, between City of Mobile and Tyler Technologies, Inc., as outlined in Amendment No. 6 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.

AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH CLEAR WINDS TECHNOLOGIES TO MIGRATE EMAIL AND IMAP ACCOUNT FOR SOFTWARE UPGRADES ($45,900 ONE-TIME FEE). The following resolution was laid over for one (1) week to the regular meeting of Tuesday, November 17, 2015.

RESOLUTION 01-729-2015

Sponsored by: Councilmember Rich and 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 Clear Winds Technologies Incorporated, 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.

AUTHORIZE CONTRACT WITH MICOR, INC., DBA MDS CONSTRUCTION, FOR FIGURES PARK IMPROVEMENTS-NEW WALKING TRAIL, $73,310.00. The following resolution was laid over for one (1) week to the regular meeting of Tuesday, November 17, 2015.

RESOLUTION 21-730-2015

Sponsored by: Councilmember Richardson and Mayor Stimpson

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

Name of Company: Micor, Inc. dba MDS Construction

Project Name: Figures Park Improvements — New Walking Trail

Project Number: PR-058-15

Amount $73,310.00

AUTHORIZE CONTRACT WITH MICOR, INC., DBA MDS CONSTRUCTION, FOR CRAWFORD-MURPHY PARK IMPROVEMENTS-NEW WALKING TRAIL, SIDEWALK AND LIGHTING, $113,623.00. The following resolution was laid over for one (1) week to the regular meeting of Tuesday, November 17, 2015.

RESOLUTION 21-731-2015

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: Micor, Inc. dba MDS Construction

Project Name: Crawford-Murphy Park Improvements – New Walking Trail, sidewalk and lighting

Project Number: PR-064-15

Amount $113,623.00

ENDORSE THE COMPREHENSIVE WATERSHED MANAGEMENT PLAN FOR THE THREE MILE CREEK WATERSHED. The following resolution was laid over for one (1) week to the regular meeting of Tuesday, November 17, 2015.

RESOLUTION 60-734-2015
Sponsored by: Councilmembers Richardson and Manzie

RESOLUTION IN SUPPORT OF THE THREE MILE CREEK COMPREHENSIVE WATERSHED MANAGEMENT PLAN

The Comprehensive Watershed Management Plan for the Three Mile Creek Watershed, located within the cities of Mobile and Prichard and unincorporated areas of Mobile County, Alabama, was prepared by the Mobile Bay National Estuary Program, the Mobile Area Water and Sewer System, and other concerned community leaders with interest in the long-term viability of this area. In agreement with the spirit and goals of this plan, and acknowledging the environmental and economic importance and value of this watershed, a call for intergovernmental cooperation is necessary to successfully achieve this restoration and conservation program.
Whereas, the Three Mile Creek Watershed, located on the northern edge of the City of Mobile and draining portions of the City of Prichard and part of the unincorporated area of Mobile County, Alabama, drains 19,237 acres and contributes to the health and vitality of its receiving waters in the Mobile River and Mobile Bay, and

Whereas, the landscape of this watershed ranges from gently rolling terrain in headwaters downstream to low coastal plains, tidal marshes, and historic wooded wetlands, and

Whereas, the landscape of this watershed has undergone extensive commercial and residential development resulting in 37% impervious cover, and

Whereas, conversion of the natural landscape to impervious cover may cause increases in volume and velocity of stormwater runoff in this watershed, the parties seek to decrease flooding; deter non-point source pollution that include trash and litter, pathogens, and nutrients; channel erosion; degraded habitats and infrastructure; and preserve the tributaries and creeks that ultimately flow into Mobile Bay, and

Whereas, two tributaries in this Watershed – Toulmin Springs Branch and an unnamed tributary to Three Mile Creek – are listed on the 2014 Alabama 303(d) list for impairment by nutrients, and

Whereas, total maximum daily loads for pathogens and organic enrichment/low dissolved oxygen have been approved by U.S. EPA for Toulmin Springs Branch and an unnamed tributary to Three Mile, and

Whereas, a Comprehensive Watershed Management Plan for the Three Mile Creek Watershed, co-funded by the U.S. Environmental Protection Agency, Mobile Area Water and Sewer System, the Alabama Department of Conservation and Natural Resources, the Alabama Department of Environmental Management, the Mobile Bay National Estuary Program, and Mobile County, and completed in September, 2014, provides evaluations of problems within this watershed and recommends conceptual corrective measures to address them,

Now, therefore be it resolved by the legislative body of the City of Mobile, Alabama that it endorses the Comprehensive Watershed Management Plan for the Three Mile Creek Watershed, and

Be it further resolved that the City of Mobile willingly agrees to participate on the Three Mile Creek Intergovernmental Task Force to focus on implementation of specific measures and actions contained in the watershed management plan.

ADOPT THE MAP FOR MOBILE FRAMEWORK FOR GROWTH. The following resolution was laid over for one (1) week to the regular meeting of Tuesday, November 17, 2015.

RESOLUTION 60-735-2015

Whereas, the Mobile City Planning Commission has reviewed the Map for Mobile, Framework for Growth, a new Comprehensive Plan for the City of Mobile; and,
Whereas, there have been various community meetings, studies, and recommendations considered as part of the comprehensive planning process; and,

Whereas, the City of Mobile solicited input from the public, and from that input developed a vision for the City’s future; and,

Whereas, the Mobile City Planning Commission conducted a public hearing on the Draft Plan; and,

Whereas, the Mobile City Planning Commission city staff shall provide an annual written report by the second quarter of every calendar year identifying action items that have been achieved from the Map for Mobile, Framework for Growth; and

Whereas, the Mobile City Planning Commission adopted the Map for Mobile, Framework for Growth dated November 5, 2015, as revised, as the new Comprehensive Plan for the City of Mobile; and

Whereas, the Mobile City Planning Commission recommended that the Mobile City Council consider adoption of the Map for Mobile, Framework for Growth dated November 5, 2015, as the new Comprehensive Plan for the City of Mobile.

Now, Therefore, Be It Resolved that the Mobile City Council hereby adopts the Map for Mobile, Framework for Growth dated November 5, 2015, as revised, as the new Comprehensive Plan for the City of Mobile.

It is directed that a certified copy of this resolution and a synopsis of the Map for Mobile, Framework for Growth shall be filed in the Office of the Judge of Probate of Mobile County, Alabama.

CALL FOR PUBLIC HEARINGS:
CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 1515 SOUTH UNIVERSITY BOULEVARD (EAST SIDE OF SOUTH UNIVERSITY BOULEVARD, 470’ + SOUTH OF BOULEVARD PARK SOUTH) FROM B-3, B-2 AND B-1 TO B-1 TO ALLOW A HOSPICE CARE FACILITY (DISTRICT 5). The following resolution was introduced by Councilmember Small.
RESOLUTION 41-732-2015

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 once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

NOTICE OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 8th day of December, 2015, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 10th day of November, 2015.
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:

COMMENCING AT THE NORTHEAST CORNER OF LOT 6, BLOCK E OF CAMBRIDGE ESTATES, AS SHOWN ON MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA, IN MAP BOOK 13, PAGE 9. SAID LOCATED ON THE EAST LINE OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 2 WEST, WHICH IS 1023 FEET NORTH OF THE SOUTHEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE RUN S88°51'12"W, 199.97 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUE S88°51'12"W, 664.40 FEET TO A POINT THENCE RUN S01°42'33"W, 99.92 FEET TO A POINT; THENCE RUN S89°42'32"W, 419.43 FEET TO A POINT; THENCE RUN S01°31'16"W, 91.73 FEET TO A POINT; THENCE RUN S58°43'12", 229.37 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD; THENCE RUN NORTHWESTWARDLY, ALONG SAID RIGHTOF-WAY LINE AND A CURVE TO THE LEFT, HAVING A RADIUS OF 1819.40 FEET, AN ARC LENGTH OF 552.03 FEET TO A POINT; THENCE RUN N00°55'23"E, 138.33 FEET TO A POINT THENCE RUN S89°47'30"E, 528.10 FEET TO A POINT; THENCE RUN S89°57'02"E, 189.64 FEET TO A POINT; THENCE RUN NO0°24131"W, 47.24 FEET TO A POINT; THENCE RUN N89°23'22"E, 230.52 FEET TO A POINT; THENCE RUN S89°55'01"E 507.62 FEET TO A POINT;THENCE RUN S00°03'58"E, 124.91 FEET TO A POINT; THENCE RUN S89°58'16"E, 149.86 FEET TO A POINT; THENCE RUN S00°12'08" W, 180.10 FEET THE POINT OF BEGINNING .

The classification of said property is hereby changed from B-3, Community Business District; B-2, Neighborhood Business District; and B-1, Buffer Business District, to B-1, Buffer-Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-1, Buffer Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-1, Buffer Business District until all of the conditions set forth below have been complied with: 1) site limited to an approved Planned Unit Development; 2) parking lot lighting for Lot 2 will comply with Section 64-6.A.8. of the Zoning Ordinance, and full cut off fixtures are to be used; 3) Lots I and 2 are limited to the relocated curb cuts to University Boulevard, and Lot 3 is limited to one curb cut to Gloriadale Road, with the size, design, and location to be approved by Traffic Engineering, and to comply with AASHTO standards; 4) Relocation of the curb cut and median cut will require right-of-way permits, and are to be done at the applicant's expense; 5) revision of the site plan to illustrate a dumpster connected to sanitary sewer and enclosed per Section 64-4.D.9. of the Zoning Ordinance, or placement of a note stating the site will utilize curb-side pickup; 6) placement of a note stating that Lot 2 will fully comply with tree planting and landscape area requirements; 7)revision of the site plan to illustrate a residential buffer compliant with Section 64-4.D. of the Zoning Ordinance along the North and East property lines where Lot 2 abuts residentially zoned property; 8) Provision of a 6' wooden privacy fence and a 10' vegetative buffer along the South property line of Lot 2; 9) completion on the Subdivision process; and 10) full compliance with all municipal codes and ordinances.
Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

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

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

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

ANNOUNCEMENTS:

City Clerk Lisa Lambert announced that the City of Mobile is now livestreaming the Mobile City Council's regular meetings every Tuesday. Viewers can access the livestream at http://cityofmobile.org/livestream/. The recordings will later be archived on the City of Mobile YouTube page. Councilmember Gregory thanked Chief of Staff Colby Cooper, Sue Farni, and the entire IT staff for making this happen.

Councilmember Rich wished everyone a very happy Veteran’s Day. She encouraged everyone to thank a veteran for their service tomorrow.

Councilmember Rich announced that there will be a dedication of the Coast Guard’s Fallen Guardians Monument today at 1:00 p.m. at the Battleship Park.

Councilmember Rich reminded citizens that ice skating will start this coming Saturday at Cooper Riverside Park.

Councilmember Rich gave information on the Junior League’s Christmas Jubilee this weekend at the Mobile Convention Center.

Councilmember Small mentioned that yesterday he was a guest speaker at B. C. Rain High School’s Veterans Day Program. He thanked the FBLA, the student body and the faculty for the invitation.

Councilmember Small said that this evening he will be attending the Oakdale Community Action Group’s meeting at Small’s Mortuary at 5:00 p.m., and at 6:30 p.m., he will be attending the Riverside Community Action Group’s meeting at Riverside Baptist Church.

Councilmember Small advised that there will also be a meeting at Mae Eanes Middle School at 6:00 p.m. this evening to discuss the future of the school.

Councilmember Small invited citizens of Oakdale to the Oakdale Community Service Club’s annual Thanksgiving dinner on November 12, 2015, at the Taylor Park Community Center, at 12:00 noon.

Councilmember Small also invited the citizens on Dauphin Island Parkway to attend a Thanksgiving Service on November 22, 2015, 6:00 p.m., at Riverside Baptist Church, sponsored by the DIP Ministerial Alliance.

Councilmember Small asked citizens to join him for the Annual District 3 Community Holiday Celebration on December 8, 2015, 6:00 p.m., at Palmer Pillans Middle School. He stated that they will be collecting stocking stuffers for senior citizens.

Councilmember Williams noted a change of venue for the Mobile Youth Football Championships this weekend. The games are now going to be at Medal of Honor (Cottage Hill) Park.
Councilmember Williams announced several Veterans Day events: (1) flag lowering at the USS Alabama at 6:00 a.m.; (2) Al Roker from the Today Show will give a weathercast on his Roker-thon at 8:00 a.m. from the USS Alabama; (3) Veterans Day Parade at 10:00 a.m.; (4) Veteran of the Year lunch at 12:00 noon at Fort Whiting; (5) Skydivers at 2:30 p.m. at USS Alabama Battleship Park; and (5) a Veterans Day Observance at 3:00 p.m. in the Battleship Park.

Councilmember Richardson announced a meeting of the Public Service Committee on Thursday, November 12, 2015, at 12:00 noon, City Council Conference Room, to discuss the Map for Mobile.

Councilmember Richardson advised the Crichton Community Action Group will be meeting on November 16, 2015, 6:00 p.m., at the Friendship Baptist Church.

Councilmember Richardson stated that the results of the Trinity Gardens survey will be revealed on November 17, 2015, 7:00 p.m., at the Trinity Lutheran Church. He said he has seen the survey, and he stated that he has no authority to act on many of the issues because it is illegal for a councilmember to interfere with administrative matters.

Councilmember Richardson invited the citizens from the Toulminville community to a meeting at the Toulminville Library on November 19, 2015, at 6:00 p.m.

Councilmember Richardson gave a report on his recent trip to the National League of Cities Conference in Nashville, Tennessee.

Councilmember Daves announced his final District 5 Community Meeting for the year. It will be December 8, 2015, 6:00 p.m., at the Apostolic Church of God, 4050 Cottage Hill Road.

Councilmember Manzie announced a series of community meetings in District 2: November 10 at St. Peter Baptist Church, 650 S. Bayou Street; November 12 at Springhill Community Center, 1151 Spring Hill Avenue; November 17 at First Hopewell Baptist Church, 664 Shelby Street, and November 19 at the Sullivan Community Center, 351 N. Catherine Street. All meetings begin at 6:00 p.m.

Councilmember Manzie invited citizens who are in need to the Down the Bay Harvest Giveaway on November 14, 2015, from 8:00 a.m. until 1:00 p.m., at the James Seals Community Center.

Councilmember Manzie stated that he will soon have the details of his holiday meeting.

The Presiding Officer adjourned the meeting at approximately 11:46 a.m.

Approved: December 8, 2015

__________________________
COUNCIL PRESIDENT


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CITY CLERK




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