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 May 24, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 24, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, May 24, 2016, at 9:00 a.m.

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

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:

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 24, 2016

The Council of the City of Mobile, Alabama, met in the Multi-Purpose Room of the Mobile Government Plaza on Tuesday, May 24, 2016, at 10:30 a.m., in regular meeting.

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

Pastor Allan Eldridge, Regency Church of Christ, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chairman: Gregory
Councilmembers: Richardson, Manzie, Williams, Daves and Rich
Absent: Small

STATEMENT OF RULES BY COUNCIL PRESIDENT:

Councilmember Gregory indicated that as a symbol of support for Councilmember Small the Council will be wearing white ribbons. She also gave an update on Mr. Small’s condition and a reminder that Councilmembers Richardson and Manzie are available to district three residents if needed.

Councilmember Gregory announced that garbage and trash pick-up will continue on schedule through the Memorial Day holiday.

Councilmember Gregory noted the 2016 State of the City and County Lunch sponsored by the Mobile Chamber of Commerce will be held Wednesday, May 25, 2016, 12:00 p.m. – 1:30 p.m. at the Arthur R. Outlaw Mobile Convention Center.

The Presiding Officer stated that all cell phones must be turned off and dispensed with reading the following Rules concerning communications with the City Council with the exception of #1 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 four 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 meeting of May 17, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson presented the Coast Guard Auxiliary with a certificate in honor of “National Safe Boating Week”.

Mayor Stimpson named Mobile Police Officer Demetrius Watts as “Officer of the Month” for May 2016.

Mayor Stimpson noted that Mobile Botanical Gardens has begun a $150,000.00 upgrades to parking, drainage, electrical, fencing and a new pedestrian walk-way.

Mayor Stimpson reported that new dog parks will be built in Public Safety Memorial Park and Crawford Park. The dog park in Public Safety Memorial park will be built with funds left over from the construction of the skate park. The Crawford Park dog park will be built with funds raised by citizens.

Mayor Stimpson recounted the purpose of his trip to Cuba was to establish relationships with Cuban authorities and gain an understanding of the culture regarding education, the arts and trade.

Mayor Stimpson encouraged everyone to pray for Councilmember Small’s full and complete recovery and look forward to his return to Mobile.

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, Manzie, Williams, Daves, Rich and 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 Bettye Bennett-Richardson for a waiver of the Noise Ordinance at 2019 Costarides Street on June 3, 2016, from 3:00 p.m. - 8:00 p.m. (District 1).

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

Ayes: Richardson, Manzie, Williams, Daves, Rich and 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 Loretta Williams for a waiver of the Noise Ordinance at 1010 Colonial Court on May 29, 2016, from 2:00 p.m. – 7:00 p.m. (District 2).

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

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

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

3.) The Council considered the request of Emily Montague for a waiver of the Noise Ordinance at the north block of Macy Place between Dauphin Street and Monterey Place on May 29, 2016, from 6:00 p.m. – 10:00 p.m. (District 2).

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

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

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

4.) The Council considered the request of James Ingram for a waiver of the Noise Ordinance at 457 Charles Street on July 4, 2016, from 3:00 p.m. – 10:00 p.m. (District 2).

There being no objections, Councilmember Manzie moved that the waiver be held over for two (2) weeks, which motion was seconded by Councilmember Richardson, and the vote was as follows:

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

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

5.) The Council considered the request of Sharon Lutin for a waiver of the Noise Ordinance at 552 Glenwood Street on July 4, 2016, from 3:00 p.m. – 10:00 p.m. (District 5).

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

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

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

6.) The Council considered the request of Donald DeHart, Family Pharmacy Care, for a waiver of the Noise Ordinance at 869 Hillcrest Road on June 4, 2016, from 10:00 a.m. – 2:00 p.m. (District 6).

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

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

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

7.) The Council considered the request of Gloria Sullivan, for a waiver of the Noise Ordinance at 82 Burtonwood Drive on July 2, 2016, from 2:00 p.m. – 9:00 p.m. (District 7).

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

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

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

8.) The Council considered the request of Taylor Morrissette, for a waiver of the Noise Ordinance at 4 Taylor Place on May 28, 2016, from 7:45 p.m. – 10:45 p.m. (District 7).

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

Ayes: Richardson, Manzie, Williams, Daves, Rich and 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 ACCEPT PUBLIC COMMENTS ON THE PROPOSED SIDEWALK PLAN FOR BIT & SPUR ROAD AND A TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT APPLICATION.

The Presiding Officer announced that today was the day for the public hearing to accept public comments on the proposed sidewalk plan for Bit & Spur Road and a Transportation Alternative Program (TAP) Grant application and asked if there was anyone present to speak for or against this matter.

PUBLIC HEARING TO CONSIDER AMENDMENTS AND ADOPTION OF THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE (CHAPTER 28, ARTICLE IV OF THE MOBILE CITY CODE).

The Presiding Officer announced that today was the day for the public hearing to consider amendments and adoption of the 2012 International Property Maintenance Code (Chapter 28, Article IV of the Mobile City Code) and asked if there was anyone present to speak for or against this matter.

Downtown Mobile Alliance President Elizabeth Stevens spoke in favor of the amendments and adoption.

PUBLIC HEARING TO AMEND CHAPTER 64.3.1 OF THE CITY OF MOBILE CODE, DOWNTOWN DEVELOPMENT DISTRICT.

The Presiding Officer announced that today was the day for the public hearing to amend Chapter 64.3.1 of the City of Mobile Code, Downtown Development District and asked if there was anyone present to speak for or against this matter.

Downtown Mobile Alliance President Elizabeth Stevens spoke in favor of the amendment.

PUBLIC HEARING TO AMEND CHAPTER 64 OF THE MOBILE CITY CODE TO ELIMINATE CONFLICT BETWEEN THE OFF-STREET PARKING REQUIREMENTS AND THE DOWNTOWN DEVELOPMENT DISTRICT CODE AND DESCRIBE EXEMPTED AREAS.

The Presiding Officer announced that today was the day for the public hearing to amend Chapter 64 of the Mobile City Code to Eliminate conflict between the off-street parking requirements and the Downtown Development District code and describe exempted areas and asked if there was anyone present to speak for or against this matter.

No one appeared.

PUBLIC HEARING TO REZONE PROPERTY AT 300 NORTH WATER STREET AND 305 DELCHAMPS DRIVE (SOUTHEAST CORNER OF ADAMS STREET AND NORTH WATER STREET, EXTENDING TO THE NORTHWEST CORNER OF CONGRESS STREET AND DELCHAMPS DRIVE) FROM I-1 TO B-4.

The Presiding Officer announced that today was the day for the public hearing to rezone property at 300 North Water Street and 305 Delchamps Drive (southeast corner of Adams Street and North Water Street, extending to the northwest corner of Congress Street and Delchamps Drive) from I-1 to B-4 and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

NON-AGENDA ITEMS:

Ms. Roasalind Malone 1801 Holt Road, and Lula Jones, 1504 Hogan Street, expressed their concern to the Council regarding the S.A.I.L. program at Thomas Sullivan Community Center.

Irene Antone, 2202 Clinton Street, addressed the Council regarding the tennis courts at Figures Park.

Village of Springhill President Linda St. John presented a slide show to the Council to mark the tenth anniversary of the community group.

RESOLUTIONS HELD OVER:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR FIRST STOP, 1275-A SPRINGHILL AVENUE. The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 24, 2016, was called up by the Presiding Officer.

RESOLUTION: 37-313-2016

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)

Submitted by: Sai Darshan, LLC

Location: First Stop
1275-A Springhill Avenue
Mobile, AL 36604

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

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

The Presiding Officer declared the resolution adopted.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR CLASS II (PACKAGE STORE) LICENSE FOR FIRST STOP PACKAGE STORE, 1275-B SPRINGHILL AVENUE. The following resolution which was introduced and read at the regular meeting of Tuesday, May 10, 2016, and held over until the regular meeting of Tuesday, May 24, 2016, was called up by the Presiding Officer.

RESOLUTION: 37-314-2016

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: Lounge Retail Liquor Class II (Package Store)

Submitted by: Sai Darshan, LLC

Location: First Stop Package Store
1275-B Springhill Avenue
Mobile, AL 36604

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

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

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

AUTHORIZE CONTRACT WITH SUNSET CONTRACTING, INC. FOR BOLTON BRANCH CREEK CHANNEL REPAIRS, UNIVERSITY BOULEVARD TO AZALEA ROAD, $641,129,09 (2016 CIP, D5 # 250, COM PROJECT NO. 2016-202-21; CO257). The following resolution which was introduced and read at the regular meeting of Tuesday, May 17, 2016, and held over until the regular meeting of Tuesday, May 24, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-347-2016

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 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: Sunset Contracting, Inc.

Project name: Bolton Branch Creek Channel Repairs,
University Blvd to Azalea Rd;
COM Project No. 2016-202-21

Estimated cost: $641,129.09

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

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

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

AUTHORIZE CONTRACT WITH ADELTE PORTS & MARITIME S.L.U. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL-CORRECTIVE WORKS FOR THE ADELTE SEAPORT PASSENGER BOARDING BRIDGE (SPBB), $116,930.36 (D2; CT-017-16; CO259). The following resolution which was introduced and read at the regular meeting of Tuesday, May 17, 2016, and held over until the regular meeting of Tuesday, May 24, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-349-2016

Sponsored by: Councilmembers 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: ADELTE Ports & Maritime S.L.U.

Project name: City of Mobile, Alabama Cruise Terminal
Corrective Works for the ADELTE Seaport Passenger
Boarding Bridge (SPBB)

Project number: CT-017-16

Amount: $116,930.36

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

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

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

AUTHORIZE A CONTRACT AMENDMENT TO THE SOLE SOURCE CONTRACT WITH LYTX, INC. (APPROVED JANUARY 21, 2014 FOR VIDEO RECORDERS FOR CITY VEHICLES) TO CORRECT WORDING (NO CHANGE OF TERMS) (CITY-WIDE). The following resolution which was introduced and read at the regular meeting of Tuesday, May 17, 2016, and held over until the regular meeting of Tuesday, May 24, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-350-2016

Sponsored by: Mayor Stimpson

WHEREAS, on January 21, 2014 the City of Mobile ("City") executed an agreement between the City and Lytx, Inc., for video event recorders and Tier 1 services for those event recorders for city vehicles; and,

WHEREAS, the City, at the time the contract was executed, anticipated purchasing equipment and service packages at an estimated cost of $100,00.00 annually and included those costs in its budget; and,

WHEREAS, Section I .d of the January 21, 2014 Agreement omitted the word "annually" from Section I.d, such that the Agreement read, "The total value of this Agreement, including any additional Drive Cams and Tier I services for those Drive Cams, may not exceed $100,000."

NOW, THEREFORE, MAY IT BE RESOLVED that the Mayor of the City of Mobile is hereby authorized and directed to execute and the City Clerk is hereby authorized to attest, respectively, for and on behalf of the City, the amendment attached hereto and made a part of as though set forth in full, to the January 21, 2014 Agreement to insert the word "annually" in Section 1.d.

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

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

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

AUTHORIZE CONTRACT WITH SEXTON LAWN AND LANDSCAPE FOR CORE AERATION OF VARIOUS ATHLETIC PLAYING FIELDS IN CITY PARKS, $17,331.00 (BUDGET ITEM 10042012.41390; CITY-WIDE). The following resolution which was introduced and read at the regular meeting of Tuesday, May 17, 2016, and held over until the regular meeting of Tuesday, May 24, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-351-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and 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 SEXTON LAWN AND LANDSCAPE in the amount of $17,331.00 per Athletic Playing Field Aeration from May 10, 2016 to September 15, 2016, 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.

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, Williams, Daves, Rich and Gregory
Nays: None

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

AUTHORIZE CONTRACT WITH REB&L, LLC D/B/A TRU GREEN TO SPREAD LIME, FERTILIZER AND HERBICIDE ON VARIOUS ATHLETIC PLAYING FIELDS IN CITY PARKS, $48,180.00 (BUDGET ITEM 100442012.41390; CITY-WIDE). The following resolution which was introduced and read at the regular meeting of Tuesday, May 17, 2016, and held over until the regular meeting of Tuesday, May 24, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-352-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and 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 REB&L, LLC d/b/a/ TRU GREEN in the amount of $48,180.18 to spread Lime, Fertilizer and Herbicide on Athletic Playing Fields from date of Council approval to September 15, 2016, 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.

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, Williams, Daves, Rich and Gregory
Nays: None

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

AUTHORIZE CONTRACT WITH THOMPSON ENGINEERING, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL-MOORING HARDWARE REMEDIATION DESIGN SERVICES, $13,400.00 (D2; CT-017-16; CO259). The following resolution which was introduced and read at the regular meeting of Tuesday, May 17, 2016, and held over until the regular meeting of Tuesday, May 24, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-352-2016

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: Thompson Engineering, Inc.

Project name: City of Mobile, Alabama Cruise Terminal
Mooring Hardware Remediation Design Services

Project number: CT-017-16

Amount: $13,400.00

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

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

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

AUTHORIZE THE CITY TO APPLY FOR AND RECEIVE THE TRANSPORTATION ALTERNATIVE PROGRAM (TAP) GRANT FOR SIDEWALKS ALONG BIT & SPUR ROAD, $148,190.35 (CITY MATCH-$37,047.59; TO BE PROVIDED BY THE VILLAGE OF SPRING HILL). The following resolution which was introduced and read at the regular meeting of Tuesday, May 17, 2016, and held over until the regular meeting of Tuesday, May 24, 2016, was called up by the Presiding Officer.

RESOLUTION: 31-355-2016

Sponsored by: Councilmembers Gregory and Daves
and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Traffic Engineering Director of the Traffic Engineering Department is authorized to make application to the South Alabama Regional Planning Commission for a grant under the Transportation Alternative Program (TAP).

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant application and to provide any information required by SARPC or ALDOT.

BE IT FURTHER RESOLVED that The Village of Spring Hill (TVSH) will be constructing sidewalks along Bit & Spur Road between Old Shell & Wilkinson Way and will be responsible for the engineering ($13,685.45) and grant match money of 20% of construction costs ($185,237.94) if this grant is awarded by the City.

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, Williams, Daves, Rich and Gregory
Nays: None

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Ordinance 64-026. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

SUSPENSION OF THE RULES FOR IMMEDIATE CONSIDERATION OF AN ORDINANCE BEING INTRODUCED FOR THE FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Ordinance 64-026. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the item.

ORDINANCES BEING INTRODUCED:

AMEND AND ADOPT THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE (CHAPTER 28, ARTICLE IV OF THE MOBILE CITY CODE) . The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 31, 2016.

ORDINANCE: 28-023-2016

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

SECTION ONE. That CHAPTER 28, ARTICLE IV, of Mobile City Code, which adopts and amends the 2012 International Property Maintenance Code, is hereby amended to read as follows:

Amend 103.1 General, to read as follows: The Code Official, as designated pursuant to 103.2, or his/her designee, shall be responsible for enforcing the provisions of this code.

Amend 103.2 Appointment, to read as follows: The code official shall be designated by the Mayor.

Amend 103.3 Enforcement Officers, to read as follows: In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the Mayor, the Code Official shall have the authority to designate enforcement officers, inspectors and other employees. Such employees shall have powers as delegated by the code official.

Amend 103.5 Fees, to read as follows: Any fees required for services under this code shall be due and payable prior to the rendering of the services.

Amend 104.5 Notices and orders, to read as follows: The Code Official, or his or her designee, shall issue all necessary notices of violation, municipal offense tickets, citations, uniform non traffic citation and complaint, or complaints and summons to ensure compliance with this code.

Amend 106.2 Notice of violation, to read as follows. The Code Official shall serve a notice of violation, order, or citation in accordance with Section 107.

Delete 106.3 Prosecution of violation as adopted, and amend to read as follows:

Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Amend 106.4 Violation penalties, to read as follows:

It shall be unlawful for any person to violate any provision of this chapter. Upon conviction, any person violating this Chapter shall be assessed a fine of not less than $100 00 and not more than $500.00, plus court costs and fees. Every day a violation of this Chapter shall continue shall constitute a separate violation and offense. This section is expressly in addition to, and is not intended to limit or in any other manner affect the provisions for civil infractions in section 106.3 herein or under law.

Amend 107.1 Notice to owner or to person or persons responsible, to read as follows:

Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the owner or the person responsible for the violation as specified in this code. Notices for condemnation procedures shall, except in cases of Emergency Measures as described in Section 109, also comply with Section 108.3.

Amend 107.2 Form, to read as follows:

Such notice prescribed in Section 107.1 shall be in accordance with all of the following:

I. Be in writing;

2. Include a description of the real estate sufficient for identification;

3. Include a statement of the violation or violations and why the notice is being issued;

4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.

5. Inform the property owner of the right to appeal.

6. Include a statement of the right to file a lien in accordance with Section 106.3.

Delete 107.3 Method of service as adopted, and amend to read as follows:

Such notice shall be deemed to be properly served if a copy thereof is:

I. Posted in a conspicuous place in or about the structure affected by such notice; and

2. Delivered personally, or, sent by certified and first class regular U.S. mail to "occupant" at the address of the property and to the last known address of the owner(s) and all other parties with a legal interest in the property as reflected in the records of the Revenue Commissioner and Probate Court of Mobile County, Alabama.

Delete 108 as adopted, and amend to read as follows:

108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.

108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.

108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or a premise that has any or all of the conditions or defects described below shall be considered dangerous:

I. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.

2. The walking surface of any aisle, passageway, stairway, and exit or other means of egress is so warped, worn loose, tom or otherwise unsafe as to not provide safe and adequate means of egress.

3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.

4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.

5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.

6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.

7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

10. Any building or structure, because of a lack of sufficient or proper fire resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical systems, plumbing system or other cause, is determined by the code official to be a threat to life or health.

11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within twenty (2 0) days of the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof, plus a fee equal to all direct and indirect costs incurred with administration and enforcement of this section in regard of the structure shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.

108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2.

108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.

108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.

108.6 Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.

108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

Amend 109.1 Imminent danger, to read as follows. When in the opinion of the Code Official there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives. explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall he unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs removing the hazardous condition or of demolishing the same.

Add 1093 Closing streets, to read as follows: When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

Add 109.4 Emergency repairs, to read as follows: For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

Add 109.5 Costs of emergency repairs, to read as follows: Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

Add 109.6 Hearing, to read as follows: Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.

Add 111.1 Application for Appeal, to read as follows: Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

SECTION TWO. Effective Date. This Ordinance, and the amendments to the Property Maintenance Code made by this Ordinance, shall be in MI force and effect from and after its adoption and publication as required by law.

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

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

REZONE PROPERTY AT 300 NORTH WATER STREET AND 305 DELCHAMPS DRIVE (SOUTHEAST CORNER OF ADAMS STREET AND NORTH WATER STREET, EXTENDING TO THE NORTHWEST CORNER OF CONGRESS STREET AND DELCHAMPS DRIVE) FROM I-1 TO B-4. The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 31, 2016.

ORDINANCE: 64-024-2016

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:

BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 36-D, FOURTH UNIT, WATER STREET AREA URBAN REVEWAL PROJECT, ALABAMA R-34 SUBDIVISION, AS RECORDED IN MAP BOOK 121, PAGE 6 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA THENCE RUN N67° 09'23"E 28.32' TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF ADAMS STREET; THENCE RUN S22° 47'46"E, 174.63' TO A POINT; THENCE RUN S31° 05'54"W, 20.65' TO A POINT ON THE EAST RIGHT OF WAY OF NORTH WATER STREET; THENCE RUN N59° 16'52"W, 151.27' ALONG SAID RIGHT OF WAY TO A POINT; THENCE RUN ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 36.50', AN ARC LENGTH OF 57.33', A DELTA ANGLE OF 90° 00'00"TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 71.96 FEET, AN ARC LENGTH OF 45.83', A DELTA ANGLE OF 36° 29'15"TO A POINT ALONG THE SOUTH RIGHT OF WAY OF ADAMS STREET; THENCE N67° 12'20"E, 27.88' TO THE POINT OF BEGINNING OF LOT 1; LOT 1 CONTAINS 0.33 ACRE, MORE OR LESS. COMMENCE A THE THE NORTHEAST CORNER OF LOT 1, BLOCK 36-D, FOURTH UNIT, WATER STREET AREA URBAN RENEWAL PROJECT, ALABAMA R-34 SUBDIVISION, AS RECORDED IN MAP BOOK 121, PAGE 6 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA. THENCE RUN N67° 09'25"E, 28.32' TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE RUN N67° 02'24"E, 468.12'ALONG THE RIGHT OF ADAMS STREET TO A POINT AT THE INTERSECTION OF ADAMS STREET AND DELCHAMPS DRIVES; THENCE RUN S11°25'32"E, 365.60 FEET ALONG THE WESTERN RIGHT OF WAY OF DELCHAMPS DRIVE TO A POINT AT THE INTERSECTION OF DELCHAMPS DRIVE AND CONGRESS STREET; THENCE RUN S67° 11'55"W, 286.60 FEET TO A POINT AT THE INTERSECTION OF CONGRESS STREET PAGE 2 AN ORDINANCE AND WATER STREET; THENCE RUN N59° 16'52"W, 211.83 FEET ALONG THE EASTERN RIGHT OF WAY LINE OF WATER STREET TO A POINT THENCE RUN S31° 05'54"W, 20.65 FEET TO A POINT; THENCE RUN NORTH 22° 47'46W, 174.63 FEET TO THE POINT OF BEGINNING OF LOT 2; LOT 2 CONTAINS 3.37 ACRES MORE OR LESS.

The classification of said property is hereby changed from 1-1. Light-Industry District, to B-4, General Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a 11-4, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-4, 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) If Building Permits are not issued within one year of approval, the zoning shall revert back to I-I; and 4) 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.

AMEND CHAPTER 64 OF THE MOBILE CITY CODE TO ELIMINATE CONFLICT BETWEEN THE OFF-STREET PARKING REQUIREMENTS AND THE DOWNTOWN DEVELOPMENT DISTRICT CODE AND DESCRIBE EXEMPTED AREAS. The following Ordinance was held over for one (1) week until the regular meeting of Tuesday, May 31, 2016.

ORDINANCE: 64-025-2016

AN ORDINANCE TO AMEND CHAPTER 64, MOBILE CITY CODE, AS AMENDED, TO ELIMINATE CONFLICT BETWEEN THE OFF-STREET PARKING REQUIREMENTS AND THE DOWNTOWN DEVELOPMENT DISTRICT CODE, AND TO DESCRIBE AND EXEMPT AN AREA EAST OF WATER STREET AND WEST OF THE MOBILE RIVER FROM THE OFFSTREET PARKING REQUIREMENTS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA THAT CHAPTER 64 OF THE MOBILE CITY CODE, "ZONING," IS HEREBY AMENDED AS FOLLOWS:

Section 1. Section 64-6.A. I of the Mobile City Code, as amended, is hereby amended and reading in its entirety as follows:

Sec. 64-6. Off-street parking and off-street truck loading.
A. Off-street parking requirements.

1. Provision and maintenance required. The off-street facilities herein required shall be provided in at least the amount and maintained in the manner herein set forth; provided, however, that off-street parking facilities in excess of the amounts heretofore required by law, need be neither provided nor maintained for land actually used or for structures actually existing (whether occupied or vacant) on the effective date of this ordinance unless, after the effective date of this ordinance such land, structures, or uses are enlarged, expanded or changed, in which event the land, structures, and uses hereby excluded shall not be used, occupied, or operated unless there is provided for the increment only of such land, structures, and uses, and maintained as herein required, at least the amount of off-street parking facilities that would be required hereunder if the increment were a separate land, structure, or use.

The area bounded by Beauregard Street on the North, the Mobile River on the East, Eslava Street on the South, and Water Street on the West, shall be exempt from the off-street parking requirements.

Section 2. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 3. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.

AMEND CHAPTER 64.3.1 OF THE CITY OF MOBILE CODE, DOWNTOWN DEVELOPMENT DISTRICT. The following Ordinance was introduced by Councilmember Richardson.

ORDINANCE: 64-026-2016

AN ORDINANCE TO AMEND CHAPTER 64.3.1 DOWNTOWN DEVELOPMENT DISTRICT, OF THE CITY OF MOBILE CODE

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

Section One: That the Ordinance commonly known as the Zoning Ordinance, adopted May 16, 1967, and codified in Chapter 64 of the City Code of the City of Mobile, is hereby amended as follows:

64.3.I.2.(b) is amended as follows:

(b) The provisions of the DDD Code shall be the complete zoning code for the DDD. Where the DDD Code is in conflict with engineering ordinances, with the exception of the Storm Water Management and Flood Control Ordinance, the DDD Code shall govern. Where the DDD Code is silent on engineering issues, engineering ordinances shall govern. Where the DDD Code is in conflict with lot sizes allowed by the Subdivision Regulations, the DDD Code shall govern.

I. 64.3.I.3.(c) is amended as follows:

(c) Regulations of sub-section 64-3.1. pertaining to 1-5 apply to all sub-districts of T-5.

II. 64.3.1.3. Plate A and Plate B are amended as follows:





II. 64.3.I.4.(a).1) is amended as follows:

1) The administration of the plan review process within the Downtown Development District (DDD) shall be conducted by the Consolidated Review Committee (CRC) which shall have a maximum of five (5) members, and comprised of a representative from Planning & Zoning, an architect from the A/E Department, a representative from the Historic Development Department, and up to two (2) other designees as the mayor may appoint. The actions of the Consolidated Review Committee shall be coordinated by the Planning & Zoning Department. The CRC shall expedite the permitting process by providing a single interface between the developer and the agencies.

IV. 64.3.I.4.(a).1),ii. is amended as follows:

I. The CRC shall be authorized to make minor adjustments to Site, Place and Building Design Documents so that minor deviations may be resolved administratively. Minor adjustments shall be limited to:

V. 64.3.L4.(a).l),I.ii is amended as follows:

II. Dimensional adjustments that do not constitute an increase or decrease of more than 15% for the following design elements: awnings, balconies, canopies, galleries, stoops, terraces and signage.

III. 64.3.I.4.(b) is amended as follows:

(b) Instructions

1) This Section sets forth the standards applicable to the development and substantial improvement of structures and other elements of the built environment within private properties.

2) Plans required by this Section are subject to approval by the Planning & Zoning Department (herein referred to as Planning & Zoning).

3) All applications for development in the DDD require predevelopment meetings. The predevelopment meetings shall include the applicant, the applicant's design professionals, the associated City Departments, and the CRC. Planning & Zoning will be responsible for ensuring the applicable City Departments attend any predevelopment meetings. Predevelopment meetings will be scheduled at the request of the applicant.

4) This Section requires two types of submittals: Site Plan and Building Design Documents. The Building Design Documents required for zoning review do not include construction documents required for building permit review. Both sets shall be submitted together. Building Design Documents and Site Plans shall be sealed by a licensed design professional with the exception of a site plan for a single-family, detached dwelling less than 3 stories.

5) Site Plans submitted for approval shall comply with:

Nonconformities, if any (Paragraph 64-3.1.5)
Site Plan: property standards (Paragraph 64-318)
Site Plan: property use restrictions (Paragraph 64-3.1.9)
Site Plan: building placement standards (Paragraph 64-3.1.10)
Site Plan: garbage collection standards (Paragraph 64-3.1.12)

6) Building Design Documents submitted for approval shall demonstrate compliance with:

Building Design Documents: building and parking deck height standards (Paragraph 64-3.1.13)

Building Design Documents: building material standards (Paragraph 64-3.1.14)
Building Design Documents: frontage standards (Paragraph 64-3.1.15)
Building Design Documents: signage standards (Paragraph 64-3.1.16)

6) Work in Historic Districts. All properties located in the DDD and a local historic district shall, in addition to complying with the development standards in 64-3.1.9 through .16, receive a Certificate of Appropriateness from the Architectural Review Board as required by Section 44-76 of the City Code prior to receiving a building permit and/or undertaking work. Any deviation from the DDD requirements, as may be required by the ARB, will require a zoning variance prior to receiving a building permit and/or undertaking work.

IV. 64.3.I.4.(d).2 is amended as follows:

1) Master plans executed for Special District according to Paragraph 64-3.1.3 that assign or modify transect sub-district and special district boundaries must be recorded as an amendment to a regulating plan.

IV 64.3.I.4.(e).2 is amended as follows:

1) An applicant may appeal any decision of the Planning & Zoning Department and/or the CRC to the Board of Zoning Adjustment.

2) An applicant may request a variance from the requirements of Section 64-3.I

3) All applications to the Board of Zoning Adjustment shall be filed pursuant to Section 64-8.

64.3.1.5.(c) is amended to read as follows:

(c) Parking Lots. Parking lots in existence as of the effective date of this ordinance shall conform to the requirements of 64-3.1.11(b)3 not later than November 2016. Any parking lot that fails to timely conform shall be deemed an unlawful use and shall be discontinued.

V. 64.316.(b) is amended to insert subparagraph 8 as follows:

8) The above notwithstanding, if the applicant is able to produce substantial evidence that the structure is beyond repair and structurally unsound, the Consolidated Review Committee may recommend approval of a permit application for demolition based on this evidence alone.

VI. 64.3.I.6.(e) is amended as follows:

(e) An owner or authorized representative of an owner appealing to the BZA pursuant to Subparagraph 64-3.1.6 (d) shall submit by affidavit to the BZA at least the following:

1) Replacement construction plans for the property in question and amounts expended upon such plans, including an itemization of each and every expenditure, and the dates of such expenditures

2) Whether there are definite plans for reuse of the property if the proposed demolition is carried out

VII. 64.3.1.7 is amended as follows:

7) The noise regulations in section 39-96 of the City Code shall apply throughout the DDD. The noise restriction regulations in Paragraph 39-96.1 of the City Code shall apply to all sub-districts where residential uses are allowed by right

VIII. 64.3.I.8.(a) is amended as follows:

1) Properties abutting more than one street shall designate a primary frontage. The primary frontage shall be an A Street if one is abutted.

2) Elements of the built environment within the front setback are subject to all the requirements of paragraphs 64-3.1.13 through .16.

IX. 64.3.L8. Table 1 Site Configuration, is amended as follows:







































X. 64.3.1.8. Table 2, Use Table, specific categories are amended as follows (Strike
Through indicates deletion)









KEY:
R Permitted By-Right
P Planning Approval
C Permitted by Right on lots with a C street overlay

XI. 64.3.1.10.(c) is amended as follows:

(c) Buildings shall be setback from the boundaries of their properties according to Table 1. Buildings along Government Street may be setback an additional 12 feet beyond the Table 1 standards.

XII. 64.3.1.11.(b) is amended as follows:

1) All off-street parking spaces and aisles shall meet AASHTO size and configuration standards.

2) Parking structures and parking lots over 20 spaces are prohibited in T-3 and T-4.

3) For parking lots along frontages, one of the following masking options is required:

I. Liner buildings may be used to mask parking lots.

II. A hedge combined with a metal fence or masonry wall with or without a hedge may be used to mask parking lots. Hedges shall be a minimum of 3 feet in height at the time of planting; walls and fences shall be a minimum of 3 feet in height.

III. When parking lots are surfaced with crushed stone, brick, rolled concrete pavers, or cellular grassed concrete pavers, masking requirements may be satisfied by trees spaced a maximum of 30 feet on center.

4) For parking structures along frontages, one of the following masking options is required:

I. Liner buildings shall wrap a minimum of 70% of the width of parking structures at ground floor frontages.

II. Within B-street frontages, a hedge combined with a metal fence or masonry wall may be used to mask parking structures. Hedges shall be a minimum of 3 feet in height at the time of planting; walls and fences shall be a minimum of 3 feet in height.

5) One interior heritage tree shall be planted for every 15 spaces for parking lots over 50 spaces.

6) Parking Lot Accessory Structures

I. Attendant huts, pay kiosks and other structures shall be permitted in parking lots. Such accessory structures shall only be sized and used to shelter collection and security operations related to the parking use.

XIII. 64.3.I.13.(b).6) is amended as follows:

6) Height may be increased to match structures on contiguous lots within the same Transect Sub-District.

XIV. 64.3.I.14.(a) is amended as follows:

(a) Mechanical equipment including, but not limited to, electric meters, gas meters, water meters, exhaust fans, HVAC equipment, and refuse storage shall not be located along frontages. Mechanical equipment must be masked if visible from the street or sidewalk.

64.3.I. 14.(d).2) is amended as follows:

1) Exterior finish in all sub-districts shall be wood or cementitious clapboard, shingles, board and batten, stucco, brick or stone.

XV. 64.3.I.14.(e) is amended by the deletion of subparagraph 1), (subsequent subparagraphs to be renumbered accordingly)

XVI. 64.3.I.14.(f) is amended by the insertion of a new subparagraph 2) as follows:
(subsequent subparagraphs to be renumbered accordingly)

1) Foundations of new additions may match those of the existing building.

XVII. 64.3.1.14 is amended by the insertion of new subparagraphs (g) and (h) as follows:
(subsequent subparagraphs to be renumbered accordingly)

(g) Fences

1) Fences and walls shall only be permitted in Frontages where explicitly allowed in the Frontage Standards.

2) A fence or wall may be installed along the side and rear property lines beyond the front facade of the building, with a maximum height of 8 feet (up to 10' may be approved in SD-WH).

3) Unimproved lots may have fences with a maximum height of 6 feet along any property line.

4) Fences and walls shall be made of the following materials: wood picket, wood slat, wood lattice, iron or steel, brick, stone, stucco over masonry, aluminum that appears to be iron.

5) Prohibited Fence Materials

1. Barbed and Concertina wire is prohibited in frontages and in all areas that are visible from frontages.

II. Chain link fences are prohibited in frontages and only allowed along interior property lines behind the façade of the building.

(h) Transparency

1) The use of reflective glass is prohibited along public frontages within the first six stories from the ground level. Tinted glass may be allowed as follows:

I. A minimum visible transmittance rating of .78 for all glass on the first and second floors. Awnings are preferable to tint if solar gain is an issue. On third stories and above, a minimum transmittance rating of .68 if an awning or sun screen is not a viable or preferred option.

2) All building facades along public frontages shall have a minimum of 20% transparency measured on each floor. Higher percentages are required for some frontage types as stipulated in Section 64-3.1.15.

3) Security bars on windows or doors shall not be visible from the street.

XVIII. 64.3.1.15 is amended as follows:

(a) Frontages General

I) The frontage is the area of a property that faces a street or other public space and an assembly of components within that area. Frontage components include:
I) The building facade;
II) Structures that project from the facade such as porches, terraces, stoops, awnings, canopies, and bay windows;
III) Any front yard landscape elements between the building facade and the public street or space.
2) Frontage build-out shall be a minimum of 80% in T-5.1, and 100% in T-5.2 and T-6. In the absence of a building facade along any part of a frontage in T-5 or T-6 up to the minimum required frontage build out, a Streetscreen is required as follows:
I) Streetscreens shall be between 4 and 8 feet in height.
II) Openings in the Streetscreen for vehicular access shall be no wider than 30 feet.
III) Streetscreens shall be made of the following materials: brick, stone, stucco over masonry, iron, steel or aluminum that appears to be iron. Non-opaque Streetscreens require planting behind to increase opacity.
IV) Streetscreens are not considered fences for the purposes of the regulations of this Section.
3) Frontages are divided into the following types: lawn, terrace, stoop, common entry, pedestrian forecourt, vehicular forecourt, gallery, and shopfront.
4) Property owners shall designate which frontage type corresponds to the building(s) they own or


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