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 Dec 01, 2015

MUNICIPAL BUILDING, MOBILE, ALABAMA, DECEMBER 1, 2015

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, December 1, 2015, at 8:00 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 9:00 a.m.

The Presiding Officer adjourned the meeting.

Approved: December 15, 2015

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, DECEMBER 1, 2015

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, December 1, 2015, at 9:00 a.m., in regular meeting.

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

Pastor W. A. James, III, Grace & Truth Christian Fellowship, offered an invocation.

The Presiding Officer led the Pledge of Allegiance. She stated that the meeting is being held earlier today so that the Mayor and Council can attend the Chamber of Commerce’s State of the Economy meeting.

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 advised that the groundbreaking for Mardi Gras Park was held November 25, 2015. He said that the first phase should take about nine (9) months. The second phase of the park will include the pavilion, and that will be done as funds became available.

Mayor Stimpson said despite issues with water on the ice skating rink in Cooper Riverside Park, the venue has been a huge success with over 6,000 people attending.

Mayor Stimpson announced upcoming holiday events: the movie “Elf” will be showing at Cathedral Square on December 4; Elf-A-Palooza on December 11; and the second annual winter wonderland on December 19.

Councilmember Gregory reminded citizens of the Moon Pie Drop on New Year’s Eve.

ADOPTION OF THE AGENDA:

Councilmember Small 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 Elaine Henderson, Child Advocacy Center, for a waiver of the Noise Ordinance at Cathedral Square (Downtown Cajun Cook-off) on March 19, 2016, from 10:00 a.m. until 2:00 p.m. (District 2).

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

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich, 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:

Vickery Jones and Teresa Bettis of the Center for Fair Housing thanked the City Council for considering Ordinance 28-090 which amends the City Code regarding discrimination in housing to include the elderly and veterans.

ORDINANCES HELD OVER:

AMEND CHAPTER 28, ARTICLE III, DISCRIMINATION IN HOUSING OF THE MOBILE CITY CODE. The following ordinance which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.

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 to induce 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.
The ordinance 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 ordinance adopted.

STATE OF ALABAMA)
COUNTY OF MOBILE)

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-091 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


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 following ordinance which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.

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 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 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.
The ordinance 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 ordinance adopted.

Councilmember Richardson noted that this property is the old Crichton School property, and it has been vacant since the school was torn down. He stated that a major retailer is coming to this location, and the same developer will have another project on Mobile Street soon. He said that they are happy to see these developments in the Crichton area.

STATE OF ALABAMA)
COUNTY OF MOBILE)

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-091 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


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 which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.

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.

The ordinance 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 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


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 which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.

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.

The ordinance 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 ordinance adopted.

Councilmember Rich made the following comments for the record: “I would like to go over for the record one more time about the gate on East Drive therefore having no access with the daily traffic that that would create. And the rezoning is using the address of 139 East Drive because that is the only thing that has an address today. Other than that, they have to use a lot of description of the property. It is approximately nine acres. It will be a big complex but they’ll come on and off Long Street, and Long Street will need to be developed in order for their C.O. to happen, and they are responsible to take it up from the commercial corridor that is doing that part of the street. There will be an access on to Old Shell that will be improved to make it easier. There are a handful of homes that sit off of Long Street today, and they’ve been dealing with dirt and just a terrible situation so that will improve as will their access on to Old Shell Road which is a very busy corridor near the university. This area of town has seen a lot of growth. One of the reasons is that this is a rezoning from R-3 to R-3 is because there is a change of conditions put onto multi-family in the university area which required more parking and, therefore, the PUD that had been approved in 2005 needed to be changed and hence it came in as a rezoning. The idea that this area is looking at even further growth puts stress on homes that are in the nearby area, and I’m looking forward to working with the administration, with our planners, Traffic Engineering and Engineering to look at some resolve to the problem of growing towards the university in a positive way for that area of town. So again I’d like to thank the developer who is out of town. He was here last week, and he did a great job in working with the residents who will actually see this change. And I understand it is not in phases—it is the entire development to be done and it is 561 bedrooms and 168 units so it is a big program with eight separate buildings. Again, I want to thank them for working with the residents in the area.”

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

RESOLUTIONS HELD OVER:

REALLOCATE $270,000.00 FROM CAPITAL PROJECT #1103 FINANCIAL/EQUIPMENT SOFTWARE UPGRADES TO GENERAL FUND 100 MAINTENANCE & REPAIRS TO CONSOLIDATE THE MAINTENANCE COSTS ON MUNICIPAL INFORMATION TECHNOLOGY SYSTEMS. The following resolution which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.
RESOLUTION 09-773-2015

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $270,000 be transferred from Capital Project 1103, Financial/Equipment Software Upgrades, in the Capital Improvement Fund 551 to the General Fund 100, Department 012, Account 41370, (Maintenance & Repairs) in order to consolidate the maintenance costs on Municipal Information Technology systems.

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.

REALLOCATE $25,515.67 FROM CAPITAL PROJECT NPDES EQUIPMENT LITTER BOAT TO CAPITAL PROJECT LITTER TRAP/SITE IMPROVEMENTS. The following resolution which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.

RESOLUTION 09-774-2015

Sponsored by: Councilmember Small and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $25,515.67 be reallocated from Capital Project #7365 NPDES Equipment-Litter Boat in the Capital; Improvement Fund 551 to Capital Project #7358 Litter Trap/Site Improvements.

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.

REALLOCATE $16,029.90 FROM CAPITAL PROJECT ENGINEERING ROW TO CAPITAL PROJECT LITTER TRAP/SITE IMPROVEMENTS. The following resolution which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.

RESOLUTION 09-775-2015

Sponsored by: Councilmember Small and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $16,029.90 be reallocated from Capital Project #789 Engineering ROW in the Capital Improvement Fund 551 to Capital Project #7358 Litter Trap/Site Improvements.

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.

AUTHORIZE CONTRACT WITH NEEL-SCHAFFER, INC. FOR DEVELOPMENT OF ACCESS IMPROVEMENT PLANS AT COTTAGE HILL ROAD AND CARRIAGE HILL SUBDIVISION. The following resolution which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.

RESOLUTION 21-776-2015

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 Contract, by and between the City of Mobile, and the company listed below; to prepare engineering design services for the intersection of Cottage Hill Road and Carriage Hill Subdivision, 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: Neel-Schaffer, Inc.

City of Mobile Project No: 2016-165-03

Capital Project No. CP495

Amount: $30,000.00

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

Ayes: Richardson, Manzie, Small, Williams, 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 NEEL-SCHAFFER, INC. FOR REDESIGN OF THE INTERSECTION OF AIRPORT BOULEVARD CUT-OFF ROAD AND EAST INTERSTATE 65 SERVICE ROAD. The following resolution which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.

RESOLUTION 21-777-2015

Sponsored by: Councilmember Daves 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 Contract, by and between the City of Mobile, and the company listed below; to prepare engineering design services for the for the redesign of the intersection of Airport Boulevard cutoff road and East Interstate 65 Service Road and its approaches, 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: Neel-Schaffer, Inc.

City of Mobile Project No: 2016-165-02

Capital Project No. CP7490

Amount: $25,000.00

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.

AUTHORIZE CONTRACT WITH BILL SMITH ELECTRIC, INC. FOR MAITRE PARK-FIELD LIGHTING UPGRADE, $271,800.00. The following resolution which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.

RESOLUTION 21-778-2015

Sponsored by: Councilmember Small 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: Bill Smith Electric, Inc.

Project Name: Maitre Park — Field Lighting Upgrade

Project Number: PR-071-15

Amount: $271,800.00 (Capital Improvements FY16)

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

AUTHORIZE CONTRACT WITH MAXSERVICES GROUP TO ASSIST THE CITY IN MEETING NEW IRS TRACKING AND REPORTING REQUIREMENTS OF THE AFFORDABLE CARE ACT. The following resolution which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.

RESOLUTION 21-779-2015

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attend, 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 in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: MaxServices Group

Project Name: Affordable Care Act Reporting Services

Project Number: 2005-001

Amount: Not to Exceed $30,000 per year.

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

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

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

AUTHORIZE RENEWAL OF LEASE AGREEMENT WITH ST. STEPHENS SQUIARE PARTNERS FOR STORAGE SPACE USED BY THE MOBILE PUBLIC LIBRARY. The following resolution which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.

RESOLUTION 35-780-2015

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk are hereby authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Lease Renewal Agreement with St. Stephens Square Partners for storage space used by the Mobile Public Library, outlined in the attached hereto and made a part hereof as though set forth in full.

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

REALLOCATE $38,182.99 FROM CAPITAL PROJECT ENGINEERING ROW TESTING TO CAPITAL PROJECT LITTER TRAP/SITE IMPROVEMENTS. The following resolution which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 1, 2015, was called up by the Presiding Officer.

RESOLUTION 09-781-2015

Sponsored by: Councilmember Small and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $38,182.99 be reallocated from Capital Project #789 Engineering, ROW, Testing in the Capital Improvement Fund 551 to Capital Project #7358 Litter Trap/Site Improvements.

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

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

Councilmember Richardson noted that Ordinance 34-094 would be laid over for one (1) week according to procedure.

AMEND CHAPTER 34 OF THE MOBILE CITY CODE ENTITLED “LICENSES AND TAXATION” REGARDING SPECIAL RULES FOR NEW BUSINESSES. The following ordinance was laid over for one (1) week to the regular meeting of December 8, 2015.

ORDINANCE 34-094-2015

Sponsored by: Councilmember Daves and Mayor Stimpson

AN ORDINANCE TO AMEND CHAPTER 34 OF THE MOBILE CITY CODE ENTITLED "LICENSES AND TAXATION"

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA THAT Chapter 34, Article III. — Business License Code and Schedule of Licenses, Sec. 34-42(d) of the Mobile City Code, Licenses and Taxation, shall be amended to read as follows:

Sec. 34-42. Rate.

(d) Special rules for new businesses.

(1) Any person applying for a new license shall, upon payment of the minimum license amount in section 34-44, be issued a temporary license for a period of sixty (60) days.

(2) The Short Year — The year in which a business opens shall be referred to as the "Short Year." Not later than seventy (70) days after the issue date of the temporary license, the licensee shall file a sworn return showing the gross receipts during the first two (2) months of business. The licensee shall then pay such additional amounts as may be required by the applicable schedule for the said two (2) months; and multiplying that by six (6), applying thereto the same rate or sale of license fixed for those who did the same business during the preceding year.

(3) Year Two — The year immediately following the short year shall be referred to as "Year Two."

(a) If the amount calculated under (2) as the annualized gross receipts for the Short Year is less than the actual gross receipts for the Short Year, the annualized gross receipts for the purposes of calculating the amount due for a business license in Year Two will be deemed to be the actual gross receipts plus the amount of the underestimate of gross receipts for the Short Year.

(b) If the amount calculated under (2) as the annualized gross receipts for the Short Year is more than the actual gross receipts for the Short Year, the annualized gross receipts for the purposes of calculating the amount due for a business license in Year Two will be deemed to be the actual gross receipts minus the amount of the overestimate of gross receipts for the Short Year.

(4) Failure to file the return required by this section shall constitute doing business without a license.

REPEALER. All City Code sections and ordinances or parts of City Code sections and ordinances in conflict are hereby repealed.

EFFECTIVE DATE. This Ordinance shall become effective upon its adoption and publication as required by law.

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 03-782 through 58-794. The motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for Resolutions 03-782 through 58-794.

CONSENT RESOLUTIONS BEING INTRODUCED:

CONCUR IN THE APPOINTMENT OF CHARLES E STORY TO THE MOBILE COUNTY DEPARTMENT OF HUMAN RESOURCES BOARD. The following resolution was introduced by Councilmember Rich.

RESOLUTION 03-782-2015

Sponsored by: City Council and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Council concurs in the appointment of Charles E. Story to the Mobile County Department of Human Resources Board for a term beginning immediately and ending September 30, 2021.

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

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

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

REAPPOINT SISTER LUCINDIA CLAGHORN TO THE ADVISORY COMMISSION ON THE DISABLED. The following resolution was introduced by Councilmember Daves.

RESOLUTION 03-783-2015

Sponsored by: Councilmember Manzie

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Sister Lucindia Claghorn is hereby re-appointed to the Advisory Commission on the Disabled effective January 1, 2016, for a term ending December 31, 2017.

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

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

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

Councilmember Manzie stated that Sister Claghorn is in constant contact with him, and he publicly thanked her for her willingness to serve on this board.

REAPPOINT WANDA EARL TO THE HISTORY MUSEUM OF MOBILE BOARD. The following resolution was introduced by Councilmember Rich.

RESOLUTION 03-784-2015

Sponsored by: Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Wanda Earl is hereby re-appointed to the History Museum of Mobile Board effective January 1, 2016, for a term ending December 31, 2018.

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

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

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

REAPPOINT DR. JOAQUIN HOLLOWAY AND APPOINT DANIEL TODD DRUMMOND TO THE MOBILE DOWNTOWN REDEVELOPMENT AUTHORITY. The following resolution was introduced by Councilmember Rich.

RESOLUTION 03-785-2015

Sponsored by: Councilmember Richardson and Daves

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Dr. Joaquin Holloway (District 1) is hereby re-appointed and Daniel Todd Drummond (District 5) is hereby appointed, to the Mobile Downtown Redevelopment Authority effective immediately for terms ending as follows:

Term Ending
Dr. Joaquin Holloway November 12, 2021
Daniel Todd Drummond May 24, 2018

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

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

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

REAPPOINT WILLIAM WIMBERLY AND ANGENEKA POWELL TO THE MOBILE CIVIC CENTER BOARD. The following resolution was introduced by Councilmember Rich.

RESOLUTION 03-786-2015

Sponsored by: Councilmembers Richardson and Daves

BE IT RESOLVED BY THE. CITY COUNCIL OF MOBILE, ALABAMA, that William Wimberly and Angeneka Powell are hereby re-appointed to the Mobile Civic Center Advisory Board effective immediately for terms ending November 15, 2018.

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

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

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

REAPPOINT CHASSITY EBBOLE TO THE CITIZENS’ PARKS AND RECREATION ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Rich.

RESOLUTION 03-787-2015

Sponsored by: Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Chassity Ebbole is are hereby re-appointed to the Citizens' Parks and Recreation Advisory Committee effective immediately for a term 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 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.

REAPPOINT CARLOTTA SHINN RUSSELL TO THE KEEP MOBILE BEAUTIFUL COMMISSION. The following resolution was introduced by Councilmember Rich.

RESOLUTION 03-788-2015

Sponsored by: Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Carlotta Shinn Russell is hereby re-appointed to the Keep Mobile Beautiful Commission effective immediately, for a term ending September 30, 2017.

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

Ayes: Richardson, Manzie, Small, Williams, 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 ALL STOP AT SPRINGHILL, 4675 SPRINGHILL AVENUE. The following resolution was introduced by Councilmember Rich.

RESOLUTION 37-789-2015

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: MPG Investments, LLC

Location: All Stop at Springhill
4675 Springhill Avenue
Mobile, AL 36608

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 RESTAURANT RETAIL LIQUOR LICENSE FOR CHITOWN DAWGZ, 1222 HILLCREST ROAD, SUITE D. The following resolution was introduced by Councilmember Rich.

RESOLUTION 37-790-2015

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: Restaurant Retail Liquor

Submitted by: Chitown Dawgz, LLC
Location: Chitown Dawgz
1222 Hillcrest Road, Suite D
Mobile, AL 36695

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 BOTTOMS UP GROCERY, 1300 PECAN STREET. The following resolution was introduced by Councilmember Rich.

RESOLUTION 37-791-2015

Sponsored by: Councilmember Manzie

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

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

Submitted by: Terrance Keith Howard

Location: Bottoms Up Grocery
1300 Pecan Street
Mobile, AL 36603

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.

DECLARE WEEDS NOXIOUS, GROUP #1530. The following resolution was introduced by Councilmember Daves.

RESOLUTION 58-792-2015

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 #1530 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 5th day of January, 2016, 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 Daves 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.

AUTHORIZE REMOVAL OF WEEDS, GROUP #1528. The following resolution was introduced by Councilmember Daves.

RESOLUTION 58-793-2015

A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHALL BE OVERRULED TO THE REMOVAL OF NOXIOUS OR DANGEROUS WEEDS ON OR IN FRONT OF CERTAIN PARCELS OF LAND.

WHEREAS, notice has been duly given and posted at least five days prior to the date of this resolution in the manner provided by law offering full opportunity to all interested parties to object to the removal of noxious or dangerous weeds on the hereinafter described parcels of land, and the City Council of Mobile having held such public hearing in connection with the notices given and no objections having been filed or made by any of the interested parties; and

WHEREAS, Parcels Nos. 1 through 20 described in the resolution adopted on the 27th day of October, 2015, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.

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

SECTION 1. It is hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property: PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED: Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 20, as described in the resolution adopted on the 27th day of October, 2015, and entitled: "A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES." (Lot Cleaning Liens, Group No. 1528, on file in the office of the City Clerk).

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

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1517. The following resolution was introduced by Councilmember Daves.

RESOLUTION 58-794-2016

RESOLUTION ASSESSING THE COST OF REMOVAL OF NOXIOUS OR DANGEROUS WEEDS IN FRONT OF OR ON CERTAIN PARCELS OF LAND IN THE CITY OF MOBILE, ALABAMA

WHEREAS, an itemized report in writing has been made to the City Council of Mobile, showing the costs of removing noxious or dangerous weeds on or in front of the hereinafter described parcels of land, a copy of such report having first been posted on the Council Chamber door more than three days prior to the meeting at which the report was received, and the City Council having heard the report, together with any objections which may have been raised by any of the property owners liable to be assessed for the work of cutting such weeds, and the City Council being of the opinion that such report in all respects be confirmed:

IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF MOBILE as follows:

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1517 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

Section 2. It is directed that a copy of this resolution be delivered to the Tax Collector of the City of Mobile, and it shall be his duty to add the amounts of the above respective assessments to the next regular bills for ad valorem taxes levied against the said respective lots and parcels of land for municipal purposes, and such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedure on foreclosure and sale as in the case of delinquency as provided for ordinary ad valorem taxes.

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

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

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

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 7054 HOWELLS FERRY ROAD (NORTHEAST CORNER OF HOWELLS FERRY ROAD AND CODY ROAD) FROM R-1 AND B-2 TO B-2. The following resolution was introduced by Councilmember Small.

RESOLUTION 41-795-2014

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 5th day of January, 2016, 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 1st day of December, 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 NORTHEAST INTERSECTION OF HOWELL'S FERRY ROAD AND CODY ROAD, MOBILE COUNTY, ALABAMA; THENCE RUN N-00°24'17"- E ALONG THE EAST RIGHT-OF-WAY OF CODY ROAD, 431.22 FEET TO A POINT; THENCE RUN S-83'59'03"-E LEAVING SAID EAST RIGHT-OF-WAY OF CODY ROAD, 253.40 FEET TO A POINT; THENCE RUN S-01'29'00" —E, 53.00 FEET TO A POINT; THENCE RUN N-88'58-52"—E, 39.64 FEET TO A P


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