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 24, 2015

MUNICIPAL BUILDING, MOBILE, ALABAMA, NOVEMBER 24, 2015

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, November 24, 2015, at 9:30 a.m.

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

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: January 5, 2016

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, NOVEMBER 24, 2015

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, November 24, 2015, at 10:30 a.m., in regular meeting.

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

Councilmember Levon Manzie, District 2, offered an invocation.

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:

None

COMMUNICATIONS FROM THE MAYOR:
Mayor Stimpson announced that in order to develop and deliver to the citizens of Mobile the best plan possible for the redevelopment of the Civic Center complex, he is delaying the closure until March 1, 2018. He added that the reason for this decision is simply that they need more time to get this right, and there is too much at stake to rush it.
Mayor Stimpson stated he is excited that the City Council will be voting on the funding for the first phase of the construction of Mardi Gras Park today. He stated that he is convinced that the park is critical to the future vitality of downtown.

Mayor Stimpson stated that the City is being recognized nationally by Governing Magazine for its innovative solution to tackling the blight problem by using an app on Instagram as a database for blighted properties. Because the app did not allow them to record specific information about the properties, the City’s GIS Department created a new app that allows code enforcement officers to pinpoint the exact location for each property. Within six days, the officers were able to collect addresses for the 2,256 blighted properties in the city.

Mayor Stimpson wished everyone a happy Thanksgiving.

MONTHLY FINANCE REPORT

Paul Wesch, Executive Director of Finance, stated the following: “Today we have the full year of fiscal year 2015 in the books and ready to preliminarily report to you. The audit team of Smith, Dukes and Buckelew are on site and will be working with us over the next few months to make sure that these numbers are adjusted to the degree that we can to be as accurate as we can but the preliminary numbers are pretty good. For general fund revenues for the year, total revenues were about $4.5 million above budget. Most of this was from sales tax increases of about $3.17 million above and property tax increases at about $1.3 million more than what was budgeted. That last bears some discussion. Most of that is from, what we believe, were from rising assessments by the county assessment officials. We budgeted off of what had been revenues for the prior years so we are probably seeing rising property values in Mobile and in Mobile County. So that is a welcome addition to what we have seen for a while as being rising sales tax increases. General fund expenditures were a bright spot also. Total departmental expenditures were about $11.5 million below budget of all of the major operations areas: general government, public safety, public works, culture and recreation, economic development, finance, and planning. None exceeded budget, and all, we believe, are increasing their knowledge, learning and understanding of budgeting. It’s been a welcome sight to see monthly compliance with the budgets. That has led to this result, we believe. Sales tax revenues across all of our funds: the general fund and the three capital funds, has been a measuring stick that we used all year long to see how we were doing compared not to budget, but to last year. Total sales taxes across all funds were $182,300,000. That’s right at $8 million or 4.4% above last year with the same sources of revenue available. At the state level, which we sometimes measure against, sales taxes ended the year 3.26% above last year. So we are continuing to see consumer spending activity above that of our peers, cities and across the state at large. I believe next week, Mr. Daves, will be reporting a little bit more in depth to the City Council Finance Committee and will be happy at that time to go over it in detail and answer questions you have at that time but if you have any questions today, I would be happy to try to answer them.”

Councilmember Daves commended the administration and his City Council colleagues for what has been done with the finances over the last two years which has allowed them to have a three-year capital improvement plan. He reminded everyone that there is still a huge backlog of infrastructure issues that need to be addressed, and there needs to be continued discipline in the general fund.

Councilmember Richardson stated that the $21 million in capital funds wasn’t made available because of disciplined budgeting but because of the extension of the one cent sales tax.

ADOPTION OF THE AGENDA:

Councilmember Rich moved for the adoption of the agenda, which motion was seconded by Councilmember Small, 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 Nick Impasato for a waiver of the Noise Ordinance at 564 Dauphin Street on January 23, 2016, from 9:00 p.m. until 11:50 p.m. (District 2).

There being no objections, Councilmember Gregory 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.

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 2825 SPRING HILL AVENUE (SOUTHEAST CORNER OF SPRING HILL AVENUE AND DAVENPORT AVENUE, AND SOUTHWEST CORNER OF SPRING HILL AVENUE AND MCLEAN AVENUE, EXTENDING TO THE NORTH SIDE OF HAAS AVENUE) FROM R-1 TO B-3. The Presiding Officer announced that today was the day for the public hearing to rezone property at 2825 Spring Hill Avenue (southeast corner of Spring Hill Avenue and Davenport Avenue, and southwest corner of Spring Hill Avenue and McLean Avenue, extending to the north side of Haas Avenue) from R-1 to B-3 asked if there was anyone present to speak for or against this matter.

Mr. Trey Jenright appeared on behalf of the developer.

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 REZONE PROPERTY AT 304 SOUTH BROAD STREET AND 903 AUGUSTA STREET (SOUTHWEST CORNER OF SOUTH BROAD STREET AND AUGUSTA STREET) FROM R-1 TO R-3. The Presiding Officer announced that today was the day for the public hearing to rezone property at 304 South Broad Street and 903 Augusta Street (southwest corner of South Broad Street and Augusta Street) from R-1 to R-3 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 ordinance authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO REZONE PROPERTY AT 139 EAST DRIVE (EAST SIDE OF EAST DRIVE EXTENDING TO THE WEST SIDE OF LONG ROAD (NOT OPEN), 90’+ NORTH OF WINDHAM COURT) FROM R-3 TO R-3. The Presiding Officer announced that today was the day for the public hearing to rezone property at 139 East Drive (east side of East Drive extending to the west side of Long Road (not open), 90’+ north of Windham Court) from R-3 to R-3 and asked if there was anyone present to speak for or against this matter.

Brian Lee, 300 Trent Mill Court, spoke in favor of the development and thanked Councilmember Rich and the developer for addressing their concerns.

Tim Lassiter of Zimmer Development introduced himself. Councilmember Rich thanked him for working with the community.

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 AT 2124 FELIX STREET IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 2124 Felix Street is a public nuisance and order it demolished or repaired and asked if there was anyone present to speak for or against this matter.

Naquita Brown, one of the heirs of the property, asked for additional time to have the structure repaired or demolished.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 506 ENGLISH STREET IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 506 English Street is a public nuisance and order it demolished or repaired and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1121 NEWMAN STREET IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1121 Newman Street is a public nuisance and order it demolished or repaired and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1121 NEWMAN STREET IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1121 Newman Street is a public nuisance and order it demolished or repaired and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 658 CHEROKEE STREET IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 658 Cherokee Street is a public nuisance and order it demolished or repaired and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 218 RYLANDS STREET IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 218 Rylands Street is a public nuisance and order it demolished or repaired and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 925 LINCOLN STREET IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 925 Lincoln Street is a public nuisance and order it demolished or repaired and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1026 FRONT STREET IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1026 Front Street is a public nuisance and order it demolished or repaired and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 689 WHITNEY STREET IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 689 Whitney Street is a public nuisance and order it demolished or repaired and asked if there was anyone present to speak for or against this matter.

Cherokee Collins, 2416 Denmark Street, asked for information on the public nuisance process but stated she was not against the City declaring it a public nuisance.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 552 LIVE OAK STREET IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 552 Live Oak Street is a public nuisance and order it demolished or repaired and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 259 CHEROKEE STREET IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 259 Cherokee Street is a public nuisance and order it demolished or repaired and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 360 CHIN STREET IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 360 Chin Street is a public nuisance and order it demolished or repaired and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1400 RODERICK ROAD IS A PUBLIC NUISANCE AND ORDER IT DEMOLISHED OR REPAIRED. The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1400 Roderick Road is a public nuisance and order it demolished or repaired 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:

Lucy Smith, 522 Osage Street, addressed the Council regarding the condition of the Oak Lawn Cemetery which is a privately owned cemetery. Councilmember Manzie agreed that the deplorable condition of this cemetery is a concern to him and many citizens in District 2. City Attorney Ricardo Woods explained that the cemetery lots are each privately owned but the administration will work with Councilmember Manzie to try to rectify the problem.

ORDINANCES HELD OVER:

AMEND ORDINANCE 09-010-2012 ESTABLISHING A CITIZEN’S BUDGET AND FINANCE ADVISORY COMMITTEE. The following ordinance which was introduced and read at the regular meeting of Tuesday, November 17, 2015, and laid over for one (1) week until the regular meeting of Tuesday, November 24, 2015, was called up by the Presiding Officer.

ORDINANCE 09-089-2015

AN ORDINANCE TO AMEND ORDINANCE 09-010-2012 ESTABLISHING A CITIZEN'S BUDGET AND FINANCE ADVISORY COMMITTEE

Sponsored by Councilmember Daves.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that Ordinance 09-010, entitled "An Ordinance Establishing A Citizen's Budget and Finance Advisory Committee," adopted May 8, 2012, is hereby amended so that it now reads in its entirety as follows:

SECTION ONE. There is hereby established the City of Mobile Citizen's Budget and Finance Advisory Committee.

SECTION TWO. The Citizen's Budget and Finance Advisory Committee shall serve in an advisory capacity to the City Council on issues related to the City's finances. Specifically, the committee shall:

(a) Provide a forum by which the public might more readily understand the budgeting process and the City's financial condition.

(b) Seek input from the public in general and from professionals as to how the City's financial condition might be improved.

(c) Review operating expenses and long term liabilities in order to identify ways in which improved operating efficiency might be obtained.

(d) Make recommendations regarding capital funding and expenditures so as to more quickly address the large backlog of deferred maintenance.

The Committee shall, no less often than annually, provide a written report of its findings and recommendations to the City Council. Since the Committee is charged with gathering input from a variety of sources the Committee should work to develop a consensus on issues where possible. All points of view of Committee members, including areas of consensus and areas of disagreement should be presented to the Council in the committee's written reports.

SECTION THREE. The Citizen's Budget and Finance Advisory Committee shall be composed of seven (7) members appointed by the City Council. All nominees shall be placed on the Council Agenda for approval.

SECTION FOUR. The members of the Citizen's Budget and Finance Advisory Committee shall be residents of Mobile County. Members may not have any direct financial interest in City business, and may not be officers or directors of any organization that receives funding from the City or that has a performance contract with the City. Members should be knowledgeable of financial management, including knowledge of accounting or auditing principles.

SECTION FIVE. The members of the Citizen's Budget and Finance Advisory Committee first appointed shall serve a term that will expire on November 1, 2013. Thereafter, members of the Committee shall serve for terms of two (2) years. A member of the Committee may be removed with or without cause by the Council member who appointed him or her. Vacancies for any reason shall be filled in the same manner as their appointment, and such appointments shall be for the unexpired term of the member replaced.

SECTION SIX. Members of the Citizen's Budget and Finance Advisory Committee shall serve without compensation.

SECTION SEVEN. The Committee shall elect a Chair and a Vice-Chair from among the citizen members of the Committee. Such officers shall be elected for a term of one (1) year. The Chair shall preside over meetings of the Committee, shall represent the Committee before the City Council, and shall otherwise serve to facilitate the business of the Committee. The Chair shall use Roberts Rules of Order as a guide for the conduct of all meetings of the Committee. The Vice-Chair shall exercise such duties in the absence of the Chair.

SECTION EIGHT. All meetings of the Committee shall be open to the public, and the Committee shall conduct its meetings in accordance with the Alabama Open Meetings Act.

SECTION NINE. A majority of the total membership of the Committee shall constitute a quorum, and a quorum shall be required in order for the Committee to conduct business.

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, Rich, Daves, Gregory
Nays: None

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

Councilmember Daves explained that the Citizen’s Budget and Finance Advisory Committee has done a very good job and they meet regularly. This ordinance requires the Committee to report at least annually to the Council

RESOLUTIONS HELD OVER:

DECLARE THE STRUCTURE AT 520 BIZZELL AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following ordinance which was introduced and read at the regular meeting of Tuesday, September 22, 2015, and laid over for two (2) months until the regular meeting of Tuesday, November 24, 2015, was called up by the Presiding Officer.

RESOLUTION 40-582-2015

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 620 Bizzell Avenue has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the structure at 520 Bizzell Avenue described as:

LOTS 50 & 51 BOTH IN BLK 6 OF DIXIE PARK MBK 3 NS P 27 3 #SEC 25 T4S R1W #MP29 07 25 0 002

Parcel # 022907250002150

Last Assessed to: John & Mabel Pitts
% Napoleon Pitts
43 Wall Street
Trenton, NJ 08609

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

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

The resolution was read by the City Clerk; whereupon Councilmember Manzie 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.

RENAME THE CRUISE TERMINAL AS “THE MOBILE, ALABAMA, CRUISE TERMINAL. The following resolution which was introduced and read at the regular meeting of Tuesday, September 22, 2015, and laid over for one (1) week until the regular meeting of Tuesday, September 29, 2015, and further laid over for two (2) months until the meeting of Tuesday, November 24, 2015, was called up by the Presiding Officer.

60-600-2015

A RESOLUTION TO RENAME THE CRUISE TERMINAL

Sponsored by: Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the cruise terminal is hereby officially renamed "THE MOBILE, ALABAMA CRUISE TERMINAL.

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.

REALLOCATE $1,198,673.00 FROM CAPITAL PROJECT #38 CITY’S SHARE-ECONOMIC DEVELOPMENT INCENTIVES IMPROVEMENTS TO CAPITAL PROJECT #7313-MARDI GRAS PARK. The following resolution which was introduced and read at the regular meeting of Tuesday, November 17, 2015, and laid over for one (1) week until the regular meeting of Tuesday, November 24, 2015, was called up by the Presiding Officer.

RESOLUTION 09-744-2015

Sponsored by: Councilmembers Manzie and Daves and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $1,198,673.00 be reallocated from Capital Project #38 City's Share-Economic Development Incentives Improvements in the Municipal Government Trust Fund (Fund 580) to Capital Project #7313 Park-Mardi Gras Park.

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, Rich, Daves, Gregory
Nays: None

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

AUTHORIZE CONTRACT WITH SAWGRASS CONSULTING, LLC, FOR KING STREET DRAINAGE IMPROVEMENTS, $19,500.00. The following resolution which was introduced and read at the regular meeting of Tuesday, November 17, 2015, and laid over for one (1) week until the regular meeting of Tuesday, November 24, 2015, was called up by the Presiding Officer.

RESOLUTION 21-745-2015

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 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: King Street Drainage Improvements;

COM Project No. 2016-202-11

Estimated Cost: $19,500.00

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

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

AUTHORIZE CONTRACT WITH BEN M. RADCLIFF CONTRACTOR, INC., FOR MARDI GRAS PARK, $2,195,212.00. The following resolution which was introduced and read at the regular meeting of Tuesday, November 17, 2015, and laid over for one (1) week until the regular meeting of Tuesday, November 24, 2015, was called up by the Presiding Officer.

RESOLUTION 21-746-2015

Sponsored by: Councilmembers Manzie and 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: Ben M. Radcliff Contractor, Inc.

Project Name: Mardi Gras Pavilion and Park

Project Number: MG-070-15

Amount: $2,195,212.00

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

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

Mayor Daves made the following comments for the record: “All great cities have great urban parks. In New York, it’s Central Park. In Boston, it’s the Boston Common. In London, it’s Hyde Park. The cities we want to emulate like Savannah have attractive, inviting and aesthetically pleasing urban parks. This investment in Mardi Gras Park demonstrates our commitment to creating that urban environment which has been so crucial to the development of strong urban cores in other great cities. This park will serve as a hub for visitors and citizens alike as they visit the many attractions within close proximity to it. Attractions such as the Carnival Museum, the Maritime Museum, the Exploreum, the History Museum of Mobile, Cooper Riverside Park, the Dauphin Street Entertainment District, Fort Conde, and events at the Convention Center. The achievement of this park is the result of the vision and commitment of civic leader and philanthropist, William J. Hearin, who died in 2001 at the age of 91. It was Mr. Hearin’s idea that this important and visible piece of real estate be devoted to a park for public use--a park that would celebrate Mobile’s rich and unique position as mother of mystics--a park that would provide an appropriate setting for the oldest continuously occupied seat of city government on one side and one of our oldest and architecturally significant churches on the other side. Through the generosity of Mr. Hearin, the Hearin-Chandler Foundation, and the Mobile Carnival Association, approximately 40% of the cost of this project is funded through private resources. This, then, is a great public/private partnership to construct a park which will be an ornament to our city for many years to come. I want to thank my colleagues on the Council, the Mayor and his staff, our fabulous architects, Holmes and Holmes, Ben Radcliff Construction, and all the other firms and individuals who have come together in order to create this unique living space for the City of Mobile, its residents and its visitors. Thank you.”

AUTHORIZE CONTRACT WITH HOLMES & HOMES ARCHITECTS FOR MARDI GRAS PAVILION AND PARK, $251,366.00. The following resolution which was introduced and read at the regular meeting of Tuesday, November 17, 2015, and laid over for one (1) week until the regular meeting of Tuesday, November 24, 2015, was called up by the Presiding Officer.

RESOLUTION 21-747-2015

Sponsored by: Councilmembers Manzie and 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: Holmes & Holmes Architects

Project Name: Mardi Gras Pavilion and Park — Architectural Design Services

Project Number: MG-070-15

Amount: $251,366.00

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

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

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

AUTHORIZE CONTRACT WITH SOUTHERN EARTH SCIENCES, INC., FOR MARDI GRAS PARK-CONSTRUCTION MATERIALS TESTING AND INSPECTION, $17,500.00. The following resolution which was introduced and read at the regular meeting of Tuesday, November 17, 2015, and laid over for one (1) week until the regular meeting of Tuesday, November 24, 2015, was called up by the Presiding Officer.

RESOLUTION 21-748-2015

Sponsored by: Councilmembers Manzie and 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: Southern Earth Sciences, Inc.

Project Name: Mardi Gras Pavilion and Park — Construction Materials
Testing and Inspection

Project Number: MG-070-15

Amount: $17,500

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

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

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

AUTHORIZE CONTRACT WITH CLARK, GEER, LATHAN & ASSOCIATES, INC., FOR MARDI GRAS PARK, QUALIFIED CREDENTIAL INSPECTOR (QCI) AND QUALIFIED CREDENTIAL PROFESSIONAL (QCP) SERVICES, $13,000.00. The following resolution which was introduced and read at the regular meeting of Tuesday, November 17, 2015, and laid over for one (1) week until the regular meeting of Tuesday, November 24, 2015, was called up by the Presiding Officer.

RESOLUTION 21-749-2015

Sponsored by: Councilmembers Manzie and 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: Clark, Geer, Latham & Associates, Inc.

Project Name: Mardi Gras Park - Qualified Credentialed Inspector (QCI) and Professional Services (QCP)

Project Number: MG-070-15

Amount: $13,000.00

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

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

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

AUTHORIZE CONTRACT WITH R. CARTER & ASSOCIATES, INC., FOR FIRE EXTENGUISHER MAINTENANCE AND SERVICE, VARIOUS CITY OF MOBILE LOATIONS, $8,500.00. The following resolution which was introduced and read at the regular meeting of Tuesday, November 17, 2015, and laid over for one (1) week until the regular meeting of Tuesday, November 24, 2015, was called up by the Presiding Officer.

RESOLUTION 21-750-2015

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 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: R. Carter & Associates, Inc.

Project Name: Fire Extinguisher Maintenance & Service
Various City of Mobile Locations

Project Number: SC-014-16

Amount: $8,500.00

The resolution was read by the City Clerk; whereupon Councilmember Rich 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.

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF ORDINANCES BEING INTRODUCED FOR FIRST TIME: Councilmember Richardson stated that Ordinances 28-090 through 64-093 will be laid over for one (1) week according to procedure.

ORDINANCES BEING INTRODUCED:

AMEND CHAPTER 28, ARTICLE III, DISCRIMINATION IN HOUSING OF THE MOBILE CITY CODE. The following ordinance was laid over for one (1) week to the regular meeting of December 1, 2015.

ORDINANCE 29-090-2015

AN ORDINANCE TO AMEND CHAPTER 28, ARTICLE III, DISCRIMINATION IN HOUSING, OF THE MOBILE CITY CODE

Sponsored by Mr. Richardson

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

SECTION ONE. That section 28-21 of the Mobile City Code is hereby amended so that it now reads in its entirety as follows:

Section 28-21. Definitions.

Words used in this Article shall have their customary meanings as determined by the standard dictionary definition, except for purposes of this Article the following specific words and phrases shall have the following meanings:

"Age" means a person forty (40) years of age or older.

"Familial status" shall have the meaning and definition found in the Alabama Fair Housing Law, section 24-8-3 of the Code of Alabama.

"Gender identity or expression" means having or being perceived as having gender-related identity, appearance, expression, or behavior, whether or not that identity, appearance, expression, or behavior is different from that traditionally associated with the person's actual or perceived sex.

"Handicap" shall have the meaning and definition found in the Alabama Fair Housing Law, section 24-8-3 of the Code of Alabama.

"Real estate broker" means any person, firm, partnership, or corporation licensed to sell, rent or lease real estate for residential or commercial purposes as a broker, qualifying broker or associate broker under Title 34, Chapter 27 of the Code of Alabama.

"Real estate salesperson" means any person, firm, partnership, or corporation licensed to sell, rent or lease real estate for residential or commercial purposes as a real estate salesperson under Title 34, Chapter 27 of the Code of Alabama.

"Sexual orientation" means a person's actual or perceived homosexuality, bisexuality, or heterosexuality, by orientation or practice, by and between consenting adults.

SECTION TWO. That section 28-22 of the Mobile City Code is hereby amended so that it now reads in its entirety as follows:

Section 28-22. Unfair housing practices.

It shall be an unfair housing practice and an offense for any real estate broker or real estate salesperson:

(1) To make any distinction, discrimination or restriction against any person in price, terms, conditions or privileges of any kind relating to the sale, rental, lease or occupancy of any real estate used for residential or commercial purposes in the city, or in furnishing of any facilities or services in connection therewith predicated solely upon race, sex, color, religion, national origin, ancestry, familial status, handicap, age, military status, ethnicity, marital status, gender identity or expression, or sexual orientation of the prospective or actual buyer or tenant thereof.

(2) To publish, circulate, issue or display or cause to be published, circulated, issued or displayed, any communication, notice, advertisement, sign or writing of any kind relating to the sale, rental or leasing of any residential or commercial real property within the city which would indicate or express any limitation or discrimination in the sale, rental or leasing of such residential or commercial real estate predicated solely upon the race, sex, color, religion, national original, ancestry, familial status, handicap, age, military status, ethnicity, marital status, gender identity or expression, or sexual orientation of any such prospective buyer, lessee or renter of such property.

(3) To refuse to sell, lease or rent real estate for residential or commercial purposes within the city solely because of the race, sex, color, religion, national origin, ancestry, familial status, handicap, age, military status, ethnicity, marital status, gender identity or expression, or sexual orientation of the proposed buyer or renter.

(4) To discriminate or to participate in discrimination in connection with borrowing or lending money, guaranteeing loans, accepting mortgages or otherwise obtaining or making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any residential or commercial housing unit or housing accommodation of the city solely because of the race, sex, religion, color, national origin, ancestry, familial status, handicap, age, military status, ethnicity, marital status, gender identity or expression, or sexual orientation of such person.

(5) To cheat, exploit or overcharge any person for residential or commercial housing accommodation purposes in the city solely because of the race, sex, color, religion, national origin, ancestry, familial status, handicap, age, military status, ethnicity, marital status, gender identity or expression, or sexual orientation of such person.

(6) To solicit for sale, lease or listing for sale or lease any residential or commercial real estate within the city solely on the ground of loss of value due to the present or prospective entry into any neighborhood of any person or persons of any particular race, sex, color, religion, national origin, ancestry, familial status, handicap, age, military status, ethnicity, marital status, gender identity or expression, or sexual orientation.

(7) To distribute or cause to be distributed written material or statements designed toinduce any owner of residential or commercial real estate in the city to sell or lease his property solely because of any present or prospective change in the race, sex, color, religion, national origin, ancestry, familial status, handicap, age, military status, ethnicity, marital status, gender identity or expression, or sexual orientation of persons in the neighborhood.

(8) To deliberately and knowingly refuse examination of any leasing of residential or commercial real estate within the city to any person solely because of race, sex, color, religion, national origin, ancestry, familial status, handicap, age, military status, ethnicity, marital status, gender identity or expression, or sexual orientation.

SECTION THREE. That section 28-24 of the Mobile City Code is hereby repealed and deleted from the Code.

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

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

REZONE PROPERTY AT AT 2825 SPRING HILL AVENUE (SOUTHEAST CORNER OF SPRING HILL AVENUE AND DAVENPORT AVENUE, AND SOUTHWEST CORNER OF SPRING HILL AVENUE AND MCLEAN AVENUE, EXTENDING TO THE NORTH SIDE OF HAAS AVENUE) FROM R-1 TO B-3. The following ordinance was laid over for one (1) week to the regular meeting of December 1, 2015.

ORDINANCE 64-091-2015

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 TILE 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:

BEGINNING AT THE NORTHWEST CORNER OF LOT 106, HAAS PLACE AS RECORDED IN DEED BOOK 153, PAGE 266 IN THE OFFICE OF THE JUDGE OF PROBATE MOBILE COUNTY, ALABAMA SAID POINT ALSO BEING THE INTERSECTION OF THE SOUTH LINE OF SPRING HILL AVENUE WITH THE EAST LINE OF DAVENPORT AVENUE; THENCE RUN S-64°49'34"-E ALONG SAID SOUTH LINE OF SPRING HILL AVENUE, 264.14 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE OF MCLEAN AVENUE; THENCE RUN S-00°42'46"-W ALONG SAID WEST LINE OF MCLEAN AVENUE, 456.44 FEET OT THE INTERSECTION OF SAID WEST LINE WITH THE NORTH LINE OF HAAS AVENUE; THENCE RUN N-89°37'04"-W ALONG SAID NORTH LINE OF HAAS AVENUE, 506.15 FEET TO THE INTERSECTION OF SAID NORTH LINE WITH AFOREMENTIONED EAST LINE OF DAVENPORT AVENUE, THENCE RUN N-25°45'16"-E ALONG SAID EAST LINE OF DAVENPORT AVENUE, 627.74 FEET TO THE POINT OF BEGINNING, CONTAINING 4.55 ACRES, MORE OR LESS.

The classification of said property is hereby changed from R-1, Single-Family Residential District, to B-3, Community 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-3, Community 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-3, Community Business District, until all of the conditions set forth below have been complied with: 1) completion of the Subdivision process; and 2) 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.

REZONE PROPERTY AT 304 SOUTH BROAD STREET AND 903 AUGUSTA STREET (SOUTHWEST CORNER OF SOUTH BROAD STREET AND AUGUSTA STREET) FROM R-1 TO R-3. The following ordinance was laid over for one (1) week to the regular meeting of December 1, 2015.

ORDINANCE 64-092-2015

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:

LOTS 1, 2, 3, 8, 9, 10 AND THE WEST 10 FEET OF LOT 7, BLOCK 84, WEST GORDON DIVISION OF THE FAVRE TRACT, ACCORDING TO THE PLAT THEREOF RECORDED IN DEED BOOK 34, PAGE 150-151, OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA.

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

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

REZONE PROPERTY AT 139 EAST DRIVE (EAST SIDE OF EAST DRIVE EXTENDING TO THE WEST SIDE OF LONG ROAD (NOT OPEN), 90’+ NORTH OF WINDHAM COURT) FROM R-3 TO R-3. The following ordinance was laid over for one (1) week to the regular meeting of December 1, 2015.

ORDINANCE 64-093-2015

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:

BEGINNING AT THE NORTHWEST CORNER OF YORKTOWN, AS PER PLAT RECORDED IN MAP BOOK 34, PAGE 64 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA; SAID POINT BEING THE SOUTHWEST CORNER OF LOT 28, BLOCK 2 KAHN DIVISION OF WESTERN HILLS, AS PER PLAT RECORDED IN MAP BOOK 3, PAGES 390-391 OF SAID PROBATE COURT RECORDS OF MOBILE COUNTY ALABAMA; SAID POINT ALSO BEING ON THE EAST RIGHT OF WAY LINE OF EAST DRIVE; THENCE ALONG SAID EAST RIGHT OF WAY LINE OF EAST DRIVE AND WEST BOUNDARY OF SAID LOT 28, BLOCK 2 KAHN DIVISION OF WESTERN HILLS, RUN N 00°28'28" W 139.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 28 BLOCK 2, KAHN DIVISION OF WESTERN HILLS; THENCE ALONG THE NORTH BOUNDARY OF SAID LOT 28 BLOCK 2 KAHN DIVISION OF WESTERN HILLS RUN N 89°31'00" E 626.02 FEET TO NORTHEAST CORNER OF SAID LOT 28. BLOCK 2, KAHN DIVISION OF WESTERN HILLS; THENCE RUN N 89°53'19" E 109.22 FEET TO A POINT THENCE RUN N 00°20'18" W 59.00 FEET TO A POINT; THENCE RUN N 89°22'37" E 195.00 FEET TO A POINT; THENCE RUN N 00°07'16" E 80.00 FEET TO A POINT; THENCE RUN N 89°23'36"E 303.90 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF LONG STREET; THENCE ALONG SAID WEST RIGHT OF WAY LINE OF LONG STREET, RUN S 00°24'50" E 486.14 FEET TO A POINT; THENCE RUN S 89°43'26" W 200 FEET, MORE OR LESS, TO A POINT ON THE CENTERLINE OF TWELVE MILE CREEK; THENCE ALONG THE MEANDERINGS OF SAID CENTERLINE OF TWELVE MILE CREEK, RUN SOUTHWESTWARDLY 400 FEET, MORE OR LESS, TO A POINT; THENCE RUN S89°46'40" W 232 FEET, MORE OR LESS, TO A POINT ON THE EAST BOUNDARY OF THE AFOREMENTIONED BLOCK 2, KAHN DIVISION OF WESTERN HELLS; THENCE ALONG SAID EAST BOUNDARY OF BLOCK 2, WESTERN HILLS KAHN DIVISION; RUN N 00°05'05"W 277.74 FEET TO THE SOUTHEAST CORNER OF THE AFOREMENTIONED YORKTOWN; THENCE ALONG THE EAST BOUNDARY OF SAID YORKTOWN, RUN N 00°24'24"W 277.80 FEET TO THE NORTHEAST CORNER OF SAID YORKTOWN; THENCE ALONG THE NORTH BOUNDARY OF SAID YORKTOWN, RUN S 89°31100"W 625.63 FEET TO THE POINT OF BEGINNING. CONTAINING 10.6 ACRES, MORE OR LESS.

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

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 03-752 through 40-772. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for Resolutions 03-752 through 40-772. Resolutions 09-773 through 09-781 will be laid over for one (1) week according to procedure.

CONSENT RESOLUTIONS BEING INTRODUCED:

REAPPOINT SHIRLEY SESSIONS TO THE MOBILE CITIZEN’S BUDGET AND FINANCE ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 03-752-2015

Sponsored by: Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Shirley Sessions is hereby re-appointed to the City of Mobile Citizen's Budget and Finance Advisory Committee for a term ending November 1, 2017.

The resolution was read by the City Clerk; whereupon Councilmember Richardson 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.

RECOMMEND APPROVALTO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR LICENSE FOR SHOTGUT WILLIES, 3605 HALLS MILL ROAD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-753-2015

Sponsored by: Councilmember Small

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: Lounge Retail Liquor — Class I

Submitted by: Late Nite Inc

Location: Shotgun Wilkes
2605 Halls Mill Road
Mobile, AL 36606

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Rich, 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 CIRCLE K STORES, 5809 U. S. HIGHWAY 90 WEST. The following ordinance was introduced by Councilmember Gregory.

RESOLUTION 37-754-2015

Sponsored by: Councilmember Williams

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

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

Submitted by: Circle K Stores Inc.

Location: Circle K Stores #2721569
5809 USHY 90 West
Theodore, AL 36582

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Rich, 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 CIRCLE K STORES, 5550 U. S. HIGHWAY 90 WEST. The following ordinance was introduced by Councilmember Gregory.

RESOLUTION 37-755-2015

Sponsored by: Councilmember Williams

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

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

Submitted by: Circle K Stores Inc.

Location: Circle K Stores #2721585
5550 U. S. Highway 90 West
Theodore, AL 36582

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Rich, 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 BUDGET ZONE, 3951 AIRPORT BOULEVARD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-756-2015

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: Budget Zone of Mobile Inc.

Location: Budget Zone
3951 Airport Blvd.
Mobile, AL 36608

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Rich, 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 CIRCLE K STORES, 7102 COTTAGE HILL ROAD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-757-2015

Sponsored by: Councilmember Rich

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: Circle K Stores Inc.

Location: Circle K Stores #2721585
7102 Cottage Hill Road
Mobile, AL 36695

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Rich, 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 CIRCLE K STORES, 10 NORTH UNIVERSITY BOULEVARD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-758-2015

Sponsored by: Councilmember Gregory

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: Circle K Stores Inc.

Location: Circle K Stores #2721559
10 N. University Blvd
Mobile, AL 36608

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Rich, 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 CORTLANDT’S PUB, 4356-E OLD SHELL ROAD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-759-2015

Sponsored by: Councilmember Gregory

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: CPL Butler Inc.

Location: Cortlandt's Pub
4356-E Old Shell Road
Mobile, AL 36606

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Rich, 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 CIRCLE K STORES, 3471 SPRINGHILL AVENUE. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 37-760-2015

Sponsored by: Councilmember Gregory

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: Ret


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