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 08, 2015

MUNICIPAL BUILDING, MOBILE, ALABAMA, DECEMBER 8, 2015

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, December 8, 2015, at 9:00 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 10:30 a.m.

The Presiding Officer adjourned the meeting.

Approved: December 22, 2015

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, DECEMBER 8, 2015

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, December 8, 2015, at 9:00 a.m., in regular meeting.

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

Reverend Wayne Dickens, Souled Out Ministries, 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:

The minutes of the meetings of November 10 and 17, 2015, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson presented a Certificate of Recognition to Officer Johnny Duval as “Police Officer of the Month” for November, 2015.

Mayor Stimpson noted that McGill Toolen High School defeated Spain Park 14-12 and St. Paul’s High School defeated Mortimer Jordan 41-26 to claim their division statewide championships for 2015-16. He said they are planning to recognize these two teams later this week.

Mayor Stimpson advised that he lit the first candle of the Menorah in Bienville Square in recognition of Hanukah yesterday evening. He stated that he is very proud to live in a city where people of all faiths can live, work and worship peacefully.

Mayor Stimpson announced Elf-A-Palooza will be on December 11, 2015, at 5:30 p.m., in Bienville Square. He stated that last year they had 1,202 elves show up. They are trying again this year to break the Guinness Book record of 2,082 elves.

Mayor Stimpson said that over 8,000 people have skated on Riverside on Ice so far.

Mayor Stimpson stated that last week the Mobile Police Department received a call of suspicious activity of an individual in the downtown area. He was found not to be a threat but the incident demonstrates the importance of citizens in playing a key role in helping to protect our community against terrorism. He urged citizens to report any unusual behavior to the Police Department. He stated that the Police Department has established a training program under “Project Shield” that can help the public recognize signs of suspicious activity. Police Chief Barber encouraged all businesses or people with surveillance systems to join in with the Police Department in this project.

Mayor Stimpson thanked Peggy Thornton with the Moffett Road Assembly of God for baking him a beautiful Christmas cake. He said that every Christmas, the church bakes cakes for every police precinct, state trooper’s offices, and sheriff’s offices.

ADOPTION OF THE AGENDA:

Councilmember Small moved for the adoption of the agenda, which motion was seconded by Councilmember Manzie, 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 Frank Singleton, III, for a waiver of the Noise Ordinance at 3160 Riverview Pointe Drive on December 26, 2015, from 10:00 a.m. until 10:00 p.m. (P.J.)
There being no objections, Councilmember Small moved that the waiver be granted, which motion was seconded by Councilmember Williams, and the vote was as follows:

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

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

(2) The Council considered the request of the Mobile Police Department-Community Services for a waiver of the Noise Ordinance at Cathedral Square (Chili Cook-Off) on December 12, 2015, from 7:00 a.m. until 2:00 p.m. (District 2).

There being no objections, Councilmember Small moved that the waiver be granted, which motion was seconded by Councilmember Williams, 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 1515 SOUTH UNIVERSITY BOULEVARD (EAST SIDE OF SOUTH UNIVERSITY BOULEVARD, 470’ + SOUTH OF BOULEVARD PARK SOUTH) FROM B-3, B-2 AND B-1 TO B-1. The Presiding Officer announced that today is the day for the public hearing to rezone property at 1515 South University Boulevard (east side of South University Boulevard, 470’+ south of Boulevard Park South) from B-3 and B-2 and B-1 to B-1 to allow a hospice care facility and asked if there was anyone present to speak for or against this matter.

Phillip Fulgham of Saad Healthcare spoke in support of the rezoning.

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 1268 BELLE CHENE DRIVE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The Presiding Officer announced that today is the day for the public hearing to determine if the structure at 1268 Belle Chene Drive is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter. No one appeared.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

David Calametti, 305 N. Conception Street, invited the City Council, staff and the community to the Mobile Family Tennis Festival on Friday December 11, 2015, at the Mobile Tennis Center.

Alexander Harris, 2492 Royal Carriage Drive, stated that he is a student at the University of South Alabama and in one of his classes they are doing a project on aluminum recycling. He urged the City Council to partner with the Downtown Alliance and the Mobile County Recycling Center to improve aluminum recycling in the city.

ORDINANCES HELD OVER:

AMEND CHAPTER 34 OF THE MOBILE CITY CODE ENTITLED “LICENSES AND TAXATION” REGARDING SPECIAL RULES FOR NEW BUSINESSES. The following ordinance which was introduced and read at the regular meeting of Tuesday, December 1, 2015, and laid over for one (1) week until the regular meeting of Tuesday, December 8, 2015, was called up by the Presiding Officer.

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"

Sponsored by: Councilmember Daves and Mayor Stimpson

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.

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

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

Councilmember Richardson noted that Ordinance 64-095 would be laid over for one (1) week according to procedure.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 1515 SOUTH UNIVERSITY BOULEVARD (EAST SIDE OF SOUTH UNIVERSITY BOULEVARD, 470’+ SOUTH OF BOULEVARD PARK SOUTH) FROM B-3, B-2, AND B-1 TO B-1 TO ALLOW A HOSPICE CARE FACILITY. The following ordinance was laid over for one (1) week to the meeting of December 8, 2015.

ORDINANCE 64-095-2015

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

COMMENCING AT THE NORTHEAST CORNER OF LOT 6, BLOCK E OF CAMBRIDGE ESTATES, AS SHOWN ON MAP OR PLAT THEREOF RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA, IN MAP BOOK 13, PAGE 9. SAID LOCATED ON THE EAST LINE OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 2 WEST, WHICH IS 1023 FEET NORTH OF THE SOUTHEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE RUN S88°51'12"W, 199.97 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUE 588°51'12"W, 664.40 FEET TO A POINT THENCE RUN S01°42'33"W, 99.92 FEET TO A POINT; THENCE RUN S89°42'32"W, 419.43 FEET TO A POINT; THENCE RUN S01°31'16"W, 91.73 FEET TO A POINT; THENCE RUN S58°43'12", 229.37 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD; THENCE RUN NORTHWESTWARDLY, ALONG SAID RIGHTOF-WAY LINE AND A CURVE TO THE LEFT, HAVING A RADIUS OF 1819.40 FEET, AN ARC LENGTH OF 552.03 FEET TO A POINT; THENCE RUN N00°55'23"E, 138.33 FEET TO A POINT THENCE RUN S89°47'30"E, 528.10 FEET TO A POINT; THENCE RUN S89°57'02"E, 189.64 FEET TO A POINT; THENCE RUN NO0°24'31"W, 47.24 FEET TO A POINT; THENCE RUN N89°23'22"E, 230.52 FEET TO A POINT; THENCE RUN S89°55'01"E 507.62 FEET TO A POINT;THENCE RUN SO0°03'58"E, 124.91 FEET TO A POINT; THENCE RUN S89°58'16"E, 149.86 FEET TO A POINT; THENCE RUN 500°12'08" W, 180.10 FEET THE POINT OF BEGINNING .

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

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

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 03-796 through 40-797. 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 03-796 through 40-797. Resolutions 21-798 through 23-803 will be laid over for one (1) week according to procedure.

CONSENT RESOLUTIONS BEING INTRODUCED:

APPOINT NANCY ROBINSON (PARATRANSIT SERVICE) TO THE PUBLIC TRANSIT ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Rich.

RESOLUTION 03-796-2015

Sponsored by: Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Nancy Robinson (paratransit service) is hereby appointed to the Public Transit Advisory Committee effective immediately for a term ending October 31, 2017.

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.

REAPPOINT DEREK ATCHISON TO THE HISTORY MUSEUM OF MOBILE. The following resolution was introduced by Councilmember Rich.

RESOLUTION 03-805-2015

Sponsored by: Councilmember Rich

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Derek Atchison is hereby reappointed 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 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.

DECLARE THE STRUCTURE OF 1268 BELLE CHENE DRIVE A PUBLIC NUISANCE AND ORDER IT DEMOLISHED. The following resolution was introduced by Councilmember Williams.

Resolution 40-797-2915

Sponsored by: Councilmember Williams

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1268 Belle Chene Drive has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 1268 Belle Chene Drive described as:

S 96 FT (S) OF LOT 3 1ST ADD BELL CHENE SUB MBK 12 PG 21 #SEC 02 T5S R2W #MP33 01 02 4 002
Parcel # 02-33-01-02-40-02-083.

Last Assessed to: Maria Shurden Kennedy
120 N. Lasalle St, 29th Floor
Chicago, IL 60602
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 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 Williams moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

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

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

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH S & O ENTERPRISES, INC. FOR GULF COAST EXPLOREUM, FIRE ALARM PANEL REPAIR/REPLACEMENT, $25,000.00. The following resolution was laid over for one (1) week to the regular meeting of December 8, 2015.

RESOLUTION 21-798-2015

Sponsored by: Councilmember Manzie and Mayor Stimpson

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

Name of Company: S & 0 Enterprises, Inc.

Project Name: Gulf Coast Exploreum
Fire Alarm Panel Repair/Replacement

Project Number: EX-173-15

Amount: $25,000.00

AUTHORIZE CONTRACT WITH SYCAMORE CONSTRUCTION, INC. FOR PUBLIC WORKS, STREET DEPARTMENT, NEW WOMEN’S RESTROOM, $39,900.00. The following resolution was laid over for one (1) week to the regular meeting of December 8, 2015.

RESOLUTION 21-799-2015

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: Sycamore Construction, Inc.
Project Name: Public Works Miscellaneous Renovations
Street Department — New Women's Restroom

Project Number: PW-093-15

Amount: $39,900.00

AUTHORIZE CONTRACT WITH VOLKERT, INC. TO DEVELOP AN ACCESS MANAGEMENT PLAN FOR HILLCREST ROAD (APPROXIMATELY SEVEN (7) MILES FROM OLD SHELL ROAD TO THE NORTH AND THREE NORTH ROAD TO THE SOUTH). The following resolution was laid over for one (1) week to the regular meeting of December 8, 2015.

RESOLUTION 21-800-2015

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 develop an Access Management Plan for Hillcrest Road to cover approximately seven (7) miles from Old Shell Road to the north and Three Notch Road to the south, 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: Volkert, Inc.

City of Mobile Project No: 2016-165-04

Amount: $54,710.00

AUTHORIZE CONTRACT WITH THOMPSON ENGINEERING, INC. FOR AIRWAY PARK DRIVE AT SCHILLINGER ROAD DRAINAGE IMPROVEMENTS, $18,000.00 (2016 CIP PROJECT). The following resolution was laid over for one (1) week to the regular meeting of December 8, 2015.

RESOLUTION 21-801-2015

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 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: Thompson Engineering, Inc.

Project Name: Airway Park Dr. at Schillinger Road Drainage Improvements

COM Project No. 2016-202-15

Estimated Cost: $18,000.00

AUTHORIZE CONTRACT WITH COMMERCIAL DIVING SERVICES, INC. FOR OAKLEIGH HOUSE PORCH REPAIRS. The following resolution was laid over for one (1) week to the regular meeting of December 8, 2015.

RESOLUTION 21-802-2015
Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE; ALA13AMA, 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: Commercial Diving Services, Inc.

Project Name: Oakleigh House — Porch Repairs

Project Number: H1-104-13

Amount: $31,250.00

ACCEPT DEED FROM THOMAS M. ROOT, ET AL, FOR RIGHT-OF-WAY NEEDED FOR ZEIGLER BOULEVARD WIDENING PROJECT. The following resolution was laid over for one (1) week to the regular meeting of December 8, 2015.

RESOLUTION 23-803-2015

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City hereby accepts a Statutory Warranty Deed from Thomas F. Root, James F. Root, Nancy It Sheppard, Carol J. Root, William G. Tonsmeire and Karen Ann Tonsmeire for right-of-way needed for the Zeigler Boulevard widening project (Athey Road to Forrest Hill Drive). Said document is attached hereto and made a part hereof as though set forth in full.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 5004 AND 5010 MOFFETT ROAD AND 1601 GASH LANE (NORTH SIDE OF MOFFETT SERVICE ROAD, 170’+ WEST OF GASH LANE) FROM R-1 TO B-3. The following resolution was introduced by Councilmember Daves.

RESOLUTION 41-804-2015

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

NOTICE OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 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 8th 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:

PARCEL NO. R022802034000006.

S 439 FT OF E ½ OF LOT A MANDRILLS SUB MBK 3/253 CONTG 5 ACS M/L BEING PT OF SEC 3 T4S R2W DESC AS FOLL: COM AT SE COR OF LOT 1 & EXT WLY 493 FT M/L BEING ALG S/L LOT 1 FROM SD PT TO PT ON E/L LOT A TH EXT SLY FROM E/L LOT A TO SE COR LOT A POB BEING A STRIP OF LAND 439 FT M/L IN WIDTH & 493 FT M/L IN DEPTH WITH SAME WIDTH IN REAR AS IN FRONT RESERV A STRIP 16 FT ON E BDRY FOR R/W #SEC 3 T4S R2W 9114P28 02 03 4 000.

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) Limited to an approved Planned Unit Development; 2) Completion of the Subdivision process; 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 resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

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

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

ANNOUNCEMENTS:

The City Clerk announced that the City Council’s meeting on December 22, 2015, will be at the Mobile History Museum at 10:30 a.m.. The Pre-Council Meeting will take place in Government Plaza at 9:00 a.m. She also reminded the public that no City Council meeting will be held during the week after Christmas.

Councilmember Rich recognized Nadia Shaw, a senior from Faith Academy, who is observing the City Council meeting.
Councilmember Rich thanked the Mayor for lighting the Menorah in Bienville Square this past Monday to celebrate the season of Hanukah.

Councilmember Richardson wished a happy birthday to Councilmember Manzie.

Councilmember Richardson reminded citizens that the Go Daddy Bowl will take place on December 23, 2015, and the parade will be on December 22.

Councilmember Richardson commented that tomorrow at 12:00 noon he will be the guest presenter at the History Museum’s Learning Lunch Series. The topic will be Mobile’s civil rights and the struggle for freedom.

Councilmember Richardson invited everyone to the Moon Pie Drop on New Year’s Eve with the group “En Vogue” as the headliner.

Councilmember Small invited everyone to his Annual District 3 Community Holiday Celebration this evening at 6:00 p.m. at Palmer Pillans Middle School. He stated that they will be collecting stocking stuffers for senior citizens.

Councilmember Small stated he, State Representative Barbara Drummond and Councilmember Manzie will be hosting a senior holiday luncheon at the Trinity Broadcasting Network on December 10, 2015, at 12:00 noon. Reservations are required.

Councilmember Small announced an inaugural holiday parade on Dauphin Island Parkway on December 19, 2015, at 2:00 p.m., co-sponsored by Representative Barbara Drummond.

Councilmember Daves extended an invitation to his final District 5 Community Meeting for the year on December 8, 2015, 6:00 p.m., at the Apostolic Church of God, 4050 Cottage Hill Road.

Councilmember Williams stated that visitors will be arriving soon for the Go Daddy Bowl. He asked citizens to thank these visitors for visiting Mobile.

Councilmember Williams mentioned that he had the pleasure of being a judge for a spelling bee held at Kate Shepherd School last week for fourth, fifth and sixth graders.

Councilmember Williams thanked the administration for moving forward with the demolition of the structure at 1268 Belle Chene Drive.

Councilmember Williams wished a happy Hanukah to Councilmember Rich and the entire Jewish community.

Councilmember Manzie thanked everyone who came to his holiday meeting last Thursday at the Via Center.

Councilmember Manzie announced the Third Annual Christmas by the Creek on Sunday, December 13, 2015, at 2:00 p.m., at Twin Oaks Nursing Home.

Councilmember Gregory thanked the Mayor and the Executive Director of Finance for attending her holiday community meeting on December 1.

Councilmember Gregory stated that Christmas on the Hill was held this past Sunday. She thanked the Public Works Department for sweeping the streets and the Police Department for traffic control. She also thanked the Springhill Merchants Association for putting on the event.

The Presiding Officer adjourned the meeting at approximately 11:26 a.m.

Approved: December 22, 2015

__________________________
COUNCIL PRESIDENT


__________________________
CITY CLERK




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