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 Mar 16, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, MARCH 16, 2017

The Council of the City of Mobile, Alabama, met in the City Council’s Conference Room on the ninth floor of the Mobile Government Plaza on Wednesday, March 16, 2017, at 11:00 a.m.

Present:
Chairman: Gregory
Councilmembers: Richardson, Small, Manzie, Williams, Daves and Rich
Absent: None

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 1:30 p.m.

The Presiding Officer adjourned the meeting.

Approved: March 21, 2017

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, MARCH 16, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Thursday, March 16, 2017, at 1:30 p.m., in regular meeting.

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

Councilmember Joel Daves, District 5 Representative, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

NOTE: President Gregory announced that the Tuesday, March 21, 2017 meeting will be held at 6:00 p.m. at Holloway Elementary School. The pre-Council meeting will be held at 9:00 a.m. in the Council conference room on the ninth floor of the south tower of Government Plaza.

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and that there will be no hats, hoods, sunglasses or large bags permitted in the meeting room.

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 March 7, 2017, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson read a proclamation in honor of Cerebral Palsy month. United Cerebral Palsy of Mobile and Central Alabama’s Vice-President Todd Perkins accepted on behalf of the organization.

Mayor Stimpson invited citizens to celebrate St. Patrick’s Day at the street party, hosted by Callaghan’s Irish Social Club, on Saturday, March 18, 2017.

Mayor Stimpson reported over 2,600 youth have signed up for summer job training and employment opportunities through the YES Initiative.

Mayor Stimpson announced a community clean-up will take place Saturday, April 1, 2017, at Public Safety Memorial Park, beginning at 8:00 a.m.

Mayor Stimpson stated the City is streamlining the hours for its community centers to improve customer service and increase public safety. Starting on Monday, March 1, 2017, the following community centers will be open from 11:00 a.m. to 8:00 p.m.: Harmon, Seals, Springhill, Dotch, Figures and Hope. The new schedule will allow Parks and Recreation staff to better serve citizens during the centers’ peak hours.

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, Manzie, Small, 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:

The Council considered the request of Ann Williams for a waiver of the Noise Ordinance at 450 Houston Street on March 25, 2017, from 3:00 p.m. – 8:00 p.m. (District 2).

Councilmember Richardson moved that the waiver be granted which motion was seconded by Councilmember Small, and the vote was as follows:

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

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

The Council considered the request of Jennifer Pocase and Denver Crumpter for a waiver of the Noise Ordinance at 165 St. Emanuel Street (Fort Conde Inn), on May 13, 2017, from 7:00 p.m. – 11:00 p.m. (District 2).

Councilmember Richardson moved that the waiver be granted which motion was seconded by Councilmember Small, and the vote was as follows:

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

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

The Council considered the request of Diane Glover for a waiver of the Noise Ordinance at 1227 Dr. Martin Luther King, Jr. Avenue on March 18 2017, from 5:00 p.m. – 10:00 p.m. (District 2).

Councilmember Richardson moved that the waiver be granted which motion was seconded by Councilmember Small, and the vote was as follows:

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

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

The Council considered the request of Monica Peters for a waiver of the Noise Ordinance at 1303 Windsor Avenue on March 19 2017, from 4:00 p.m. – 10:00 p.m. (District 3).

Councilmember Richardson moved that the waiver be granted which motion was seconded by Councilmember Small, and the vote was as follows:

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

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

The Council considered the request of Rogery Perine for a waiver of the Noise Ordinance at 7024 Champions Run on March 18 2017, from 3:00 p.m. – 9:00 p.m. (District 7).

Councilmember Richardson moved that the waiver be granted which motion was seconded by Councilmember Small, and the vote was as follows:

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

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

None

NON-AGENDA ITEMS:

Velma Dale Jackson, 1552 Jay Drive, spoke to the Council in support of the Comic Cowboys’ first amendment rights.

Ronald Hunt, 1351 Sandra Drive, inquired about the terms of the agreement between the City and Activation Management regarding the management of Fort Conde. Mr. Hunt also voiced his concerns to the Council about the closure of 15 Place.

ORDINANCES HELD OVER:

AMEND THE RIGHTS-OF-WAY CONSTRUCTION AND ADMINISTRATION ORDINANCE. The following ordinance, which was introduced and read at the regular meeting of Tuesday, February 7, 2017 and held over until the regular meeting of March 16, 2017 was introduced by Councilmember Gregory.

ORDINANCE: 57-005-2017

Sponsored by: Councilmembers Richardson and Manzie

AN ORDINANCE TO AMEND THE RIGHTS-OF-WAY CONSTRUCTION AND ADMINISTRATION ORDINANCE OF THE CITY OF MOBILE

WHEREAS, the City recognizes that work within the public rights-of-way by utility companies, private contractors and other entities may be necessary in order to provide City residents with essential services and state-of-the-art technologies; and,

WHEREAS, the City recognizes that there is a need to accommodate utility companies, private contractors and other users in their provision of services to the public; and,

WHEREAS, the City must at the same time ensure that the primary purpose of the City's roads and streets — the safe and efficient passage of vehicular, pedestrian, and bicycle traffic - is maintained to the greatest extent possible; and,

WHEREAS, in 1999 the City established an efficient and responsive rights-of-way permitting process to minimize delays and established uniform requirements and construction standards for utility companies and other users of the rights-of-way; and,

WHEREAS, the City intends by these amendments to the Rights-of-Way Construction and Administration Ordinance to establish further requirements to protect the City's investment in its infrastructure.

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

SECTION ONE. That Chapter 57, Article VIII, known as the Rights-of-Way Construction and Administration Ordinance, is hereby amended to add the following as section 57-240:

Section 57-240. Permittee Tag Identification Requirements.

(a). Permittees are required to install an identification tag on all asphalt patches. Identification tags are not intended to identify underground utility infrastructure. They are intended to identify the permittee who is responsible for an asphalt patch and for maintaining the asphalt patch as required by this Chapter and the Construction Standards.

(b). Identification tags must be used on any temporary or permanent asphalt patch. Identification tag requirements will be established by the City Engineer, but permittees are responsible for installing identification tags in accordance with the following guidelines:

(1). Identification tags must be installed during the final layer of paving. The tags must be pressed into the asphalt before compaction of the final layer commences. All identification tags must be embedded at zero grade tolerance.

(2). The use of nails, screws, staples, or other metal fasteners to secure tags is prohibited.

(3). Identification tags should not be placed within twelve (12) inches of any casting unless space does not allow otherwise. Tags should be placed away from direct wheel traffic when possible.

(4). The permittee is responsible for replacing damaged or faded identification tags during the guarantee period required by section 57-235(d)(4).

(5). Identification tags must be placed in accordance with the guidelines in Table 1. All laterals extending from the main patch must have their own tag placed in the center of the lateral.



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

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

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

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

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

RESOLUTIONS HELD OVER:

RATIFY PURCHASE ORDER #17002462-01 TO AMERICAN SEATING COMPANY FOR HANK AARON STADIUM RAISED MOUNTING FOLDED STADIUM SEATING, $107,844.00 (2017 CIP PROJECT #300; CO253). The following resolution which was introduced and read at the regular meeting of Tuesday, March 7, 2017 and held over until the regular meeting of March 16,2017, was introduced by Councilmember Daves.

RESOLUTION: 60-132-2017

Sponsored by: Mayor Stimpson

WHEREAS, on December 13, 2016, the City of Mobile ("City") issued Bid No. 4989 for the purchase of raised mounting folding stadium seating to be produced and delivered to the City according to specifications attached thereto; and

WHEREAS, by timely sealed bid, American Seating Company submitted the lowest responsive bid; and

WHEREAS, in compliance with the Alabama Competitive Bid law, on December 27, 2016, the City awarded the bid to American Seating Company by Purchase Order #17002462-01, in the amount of $107,844.00, and

WHEREAS, funding for the purchase is budgeted as Project #300, City-Wide, under the City's Capital Improvement Plan for FY 16-17, adopted by Council Resolution 60-448;

NOW THEREFORE BE IT RESOLVED that Purchase Order #17002462-01 be and the same hereby is ratified.

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

Ayes: Richardson, Manzie, Small, Williams, Daves and Gregory
Nays: Rich

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

ASSENT TO THE VACATION OF A PORTION OF A PROPOSED SERVICE ROAD ALONG HALLS MILL ROAD (DISTRICT 4). The following resolution which was introduced and read at the regular meeting of Tuesday, March 7, 2017 and held over until the regular meeting of March 16,2017, was introduced by Councilmember Williams.

RESOLUTION: 47-133-2017

Sponsored by: Councilmember Williams

WHEREAS, Robert M. Sheffield and Lori L. Sheffield are the owners of the land abutting the area shown as "dedicated for future widening" on the Map of Halls Mill South Industrial Park according to plat thereof recorded in Map Book 26, Page 92 of the Mobile County, Alabama Probate records; and

WHEREAS, Robert M. Sheffield and Lori L. Sheffield have filed a petition seeking vacation of a portion of said area dedicated for future widening, which portion is referred to as "area to be vacated" on the Preliminary Plat of re-subdivision and addition to Lot 5, Halls Mill South Industrial Park, a copy of which preliminary plat is attached hereto; and

WHEREAS, the area sought to be vacated lies within the boundaries of the City of Mobile, State of Alabama and is more fully described as follows:

Commencing at the Southwest corner of Lot 4, Halls Mill South Industrial Park as per plat recorded in Map Book 26, Page 92 in the Office of the Judge of Probate Mobile County, Alabama (a crimp iron pipe, found); thence run south 16 degrees 40 minutes 00 seconds west a distance of 128.48 feet to a point (a rebar, found); thence run west a distance of 31.32 feet to a point (a rebar cap, set); thence run north 16 degrees 40 minutes 00 seconds east a distance of 137.46 feet to a point (a rebar cap, set); thence run south 73 degrees 20 minutes 00 seconds east a distance of 30.00 feet to the point of commencing. Said description encloses 0.09 acres, more or less;

WHEREAS, Charles W. Prichard and Angie Renae Butters, Vera Lanier, Louise E. Cochran, Cleanwater, Inc. and Y'ALL, LLC, as owners of all of the land abutting the area to be vacated have consented to vacation thereof; and

WHEREAS, it appears that said the area to be vacated is not being used by the public and is no longer needed for possible future widening of Halls Mill Road.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mobile, Alabama, that its assent be and hereby is given to the vacating of the following described property:

Commencing at the Southwest corner of Lot 4, Halls Mill South Industrial Park as per plat recorded in Map Book 26, Page 92 in the Office of the Judge of Probate Mobile County, Alabama (a crimp iron pipe, found); thence run south 16 degrees 40 minutes 00 seconds west a distance of 128.48 feet to a point (a rebar, found); thence run west a distance of 31.32 feet to a point (a rebar cap set) thence run north 16 degrees 40 minutes 00 seconds east a distance of 137.46 feet to a point (a rebar cap, set); thence run south 73 degrees 20 minutes 00 seconds east a distance of 30.00 feet to the point of commencing. Said description encloses 0.09 acres, more or less;

BE IT FURTHER RESOLVED, by the Mobile City Council, that its assent be, and the same hereby is, given to vacate and annul the herein described right of way located in Mobile, Alabama, subject to the following conditions:

(a) The Declaration of Vacation and this Resolution assenting to the vacation of said property, upon adoption by the Mobile City Council, be recorded in the Probate Court of Mobile County, Alabama, and a certified copy of the Resolution shall be immediately delivered to the Tax Assessor's Plat Room so that this property may be reassessed in the names of the new owners;

(b) Alabama Power Company is reserved the right to continue to maintain, extend and enlarge its lines, equipment and facilities to the same extent as if the vacation had not occurred and all other rights, title and interests held by the Company with respect to the area to be vacated under any statute or other law or under any other conveyance or agreement, whether recorded or unrecorded, including without limitation all the rights and privileges necessary or convenient for the full enjoyment and use of its lines, equipment and facilities now or hereafter located within or adjacent to the area to be vacated; and the right of ingress and egress to and from said lines, equipment and facilities; and the right to cut and/or trim trees or limbs which, in the sole opinion of said Company, would interfere with said lines, equipment and facilities; and the right to prohibit use of the are vacated in a manner which violates the National Electric Safety Code.

(c) AT&T reserves all the rights and privileges necessary or convenient for the full enjoyment or use of its facilities located within or adjacent to the area to be vacated. Including the right ingress and egress to and from said facilities, the right to cut and/or trim trees which interfere with said facilities, and the right to prohibit the use of the land vacated in a manner which violates the National Electric Safety Code.

(d) Mobile Area Water & Sewer System retains the existing 15' sanitary sewer easement (B-5297 PG-1557).

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

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

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

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF CONSENT RESOLUTIONS BEING INTRODUCED FOR THE FIRST TIME.

Councilmember Richardson moved for the suspension of the rules to consider Consent Resolution 25-134 – 58-136 being introduced for the first time. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

CONSENT RESOLUTIONS BEING INTRODUCED:

GRANT EASEMENT TO BELLSOUTH TELECOMMUNICATION, LLC FOR RELOCATION OF LINES. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 25-124-2017

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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 Permanent Easement to Bellsouth Telecommunications, LLC for relocation of communication lines necessary for the widening of Ziegler Blvd., a copy of which is attached hereto and made a part hereof as though fully set forth herein, for and in consideration of the sum of TEN and NO/100 ($10.00) DOLLARS.

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

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

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

GRANT EASEMENT TO ALABAMA POWER COMPANY (PROJECT W. E. A6553-06-A517) FOR NEW FIRE STATION ON DAVENPORT AVENUE. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 25-135-2017

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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, an easement to ALABAMA POWER COMPANY across the property as set out in W.E. # A6553-06-A517, a copy of which is attached hereto and made a part hereof as though fully set forth herein, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLARS, needed for new underground electric power.

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

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

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1541. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-136-2017

DANGEROUS WEEDS IN FRONT OF OR ON CERTAIN PARCELS OF LAND IN THE CITY OF MOBILE, ALABAMA

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group No. 1541 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

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

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

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

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

RENAME HERNDON PARK AS “HERNDON – SAGE PARK.” The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 46-153-2017

Sponsored by: Councilmember Richardson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the park currently known as Herndon Park shall be, and hereby is, renamed HERNDON - SAGE PARK.

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

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

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

OPPOSE SENATE BILL 31 AND HOUSE BILL 58. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 60-154-2017

Sponsored by: City Council

Whereas Senate Bill 31 (SB31) and House Bill 58 (HB58) exempt prescription drug sales from the calculation of gross receipts business licenses; and

Whereas businesses that provide goods or services within the municipal corporate limits take advantage of the financial and other benefits they receive from the municipality including, but not limited to, the use of city streets and roads, the potential use of police and fire protection, and the potential use of city ambulances or rescue services; and,

Whereas revenue collected from business licensing provides a financial means for defraying the costs of providing essential municipal services; and,

Whereas, monies collected from business licensing are used not just for revenue purposes, but to protect citizens by helping provide services; and,

Whereas, loss of revenue from the gross receipts licensing of prescription medications would annually cost the City of Mobile approximately $465,000 in general fund revenue; and,

Whereas, legislatively carving out this type of business from the coverage of municipal business licensing creates fundamental unfairness to other businesses and is a slippery slope as other businesses and industries start to request similar legislative limitations on municipal license authority which could potentially cost the municipality a significant loss in revenue thereby resulting in a potential for devastating effects on the quality of life of our citizens.

NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City of Mobile is of the opinion that SB31 and HB58 are not in the best interests of the citizens of Mobile, and the City therefore expresses its strong opposition to SB31 and HB58 or any similar legislation that would further restrict the municipality’s authority to properly license business that is transacted within the municipality.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the City of Mobile does hereby request that its local legislative delegation oppose the passage of SB31 and HB58.

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

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

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

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF CIP RESOLUTIONS BEING INTRODUCED FOR THE FIRST TIME.

Councilmember Richardson moved for the suspension of the rules to consider CIP Resolution 21-138 -21-140 and 21-142 being introduced for the first time. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH HARWELL & COMPANY, LLC FOR 2016 CIP PROJECT D2 #90, DOWNTOWN SIDEWALK REPAIR AND MAINTENANCE, $185,902.00 (COM PROJECT NO. 2016-3005-37; O200). The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 21, 2017.

RESOLUTION: 21-137-2017

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 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: Harwell & Company, LLC

Project name: 2016 CIP Project, D2 #90, Downtown Sidewalk Repair
and Maintenance, COM Project No. 2016-3005-37

Estimated cost: $185,902.00

AUTHORIZE CONTRACT WITH SPEAKS & ASSOCIATES FOR 2017 CIP WOODCOCK DRAINAGE REPAIRS (AIRPORT BOULEVARD TO U. S. 90), $26,2000.00 (#321, D5, COM PROJECT NO. 2017-3005-11; CO141). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 21-138-2017

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: Speaks & Associates

Project name: 2017 CIP Woodcock Drainage Repairs
(Airport Blvd. to U.S. 90)
#321, D5, COM Project No. 2017-3005-11

Estimated cost: $26,000.00

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

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

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

AMEND CONTRACT WITH SAWGRASS CONSULTING, LLC FOR 2016 CIP PROJECT D2 #90, DOWNTOWN SIDEWALK REPAIR AND MAINTENANCE, INCREASE $9,800.00 (COM PROJECT NO. 2016-3005-37; CO200). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 21-139-2017

Sponsored by: Councilmember Manzie and Mayor Stimpson

WHEREAS, the City entered into a contract dated August 30, 2016 with Sawgrass Consulting, LLC for engineering services on the project known as 2016 Downtown Sidewalk Repair and Maintenance, COM Project No. 2016-3005-37.

WHEREAS, the fees for the engineering services are based on a not to exceed amount for the scope of work for repairs, with the fee being $5,500 for the design phase and $6,500.00 for the bidding and construction phases; and

WHEREAS, at the time the contract was entered into it was estimated that the contract cost would be $88,000.00, and engineering fees to be $12,000.00 based on that contract amount and scope of work; and

WHEREAS, the scope of work was expanded, and the final project cost is $185,902.00 and professional engineering fees have been adjusted to properly compensate Sawgrass Consulting, LLC in accordance with the attached proposal to cover additional engineering services through the construction phase, thereby increasing professional engineering fees by $9,800.00 to a total of $21,800.00; and

WHEREAS, the contract provides on Page 10 (V,A) that the "Professional engineering cost during the design phase shall not exceed $5,500.00, and professional engineering cost during the pre-bid, bidding, pre-construction and construction phases shall not exceed $6,500.00, totaling $12,000.00 unless authorized by the CITY";

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Council does hereby authorize the additional fee of $9,800.00, for a total of $21,800.00, to be paid to Sawgrass Consulting, LLC for engineering services on the 2016 Downtown Sidewalk Repair and Maintenance Project.

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

Ayes: Richardson, Manzie, Small, 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 WATKINS ACY STRUNK DESIGN (WAS) FOR HARMON PARK PLAYGROUND-DESIGN SERVICES, $8,600.00 (2017 CIP #112, D2, PR-115-17; CO203). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 21-140-2017

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: Watkins Acy Strunk Design (WAS)

Project name: Harmon Park Playground - Design Services

Project number: PR-115-17

Amount: $8,600.00

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

Ayes: Richardson, Manzie, Small, 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 S & S SPRINKLER COMPANY, LLC FOR ARTHUR R. OUTLAW CONVENTION CENTER PARKING DECK FIRE-SPRINKLER REPLACEMENT, $147,955.00 (CN-066-17; 2017 CIP #150, CITY-WIDE; CO155). The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 21, 2017.

RESOLUTION: 21-141-2017

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 & S Sprinkler Co., LLC

Project name: Arthur R.Outlaw Convention Center Parking Deck
Fire Sprinkler Replacement

Project number: CN-066-17

Amount: $147,955.00

AUTHORIZE CONTRACT WITH DELL CONSULTING, LLC FOR HARMON PARK SOFTBALL FIELD ELECTRICAL DESIGN, $9,100.00 (PR-102-17; 2017 CIP #109; D2; CO203. The following resolution was introduced by Councilmember Richardson.

RESOLUTON: 21-142-2017

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: Dell Consulting, LLC

Project name: Harmon Park Softball Field - Electrical Design

Project number: PR-102-17

Amount: $9,100.00

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

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

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

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE AGREEMENT WITH UNIVERSITY OF SOUTH ALABAMA SPEECH PATHOLOGY/AUDIOLOGY STUDENTS TO ENGAGE IN A CLINICAL EDUCATION PROGRAM AT THE CONNIE HUDSON REGIONAL SENIOR COMMUNITY CENTER AND 4 SAIL CENTERS (THOMAS SULLIVAN, TRICKSEY, HILLSDALE AND PARKWAY). The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 21, 2017.

RESOLUTION: 01-143-2017

Sponsored by: 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, an Agreement between the City of Mobile and the University of South Alabama to provide students with instruction and training in Speech Pathology/Audiology to engage in a clinical education program at Connie Hudson Regional Senior Community Center and 4 SAIL Centers: Thomas Sullivan Community Center; Tricksey Senior Center; Hillsdale Community Center; and Parkway SAIL, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk.

AUTHORIZE CONTRACT WITH M. W. ROGERS CONSTRUCTION COMPANY, LLC FOR CRICHTON FIRE STATION, $2,769,060.00 (FD-131-16; CO098). The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 21, 2017.

RESOLUTION: 21-144-2017

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: M. W. Rogers Construction Company, LLC

Project name: Crichton Fire Station

Project number: FD-131-16

Amount: $2,769,060.00

AUTHORIZE CONTRACT WITH LTS DEVELOPMENT GROUP FOR NUISANCE ABATEMENT-DEMOLITION OF STRUCTURES WITH LEAD-BASED PAINT, $7,840.00 (1101 CHINQUAPIN STREET, DM-165-16) (CO111). The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 21, 2017.

RESOLUTION: 21-145-2017

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: LTS Development Group

Project name: Nuisance Abatement-Demolition of Structures with
Lead-Based Paint; 1270 Chinquapin Street, DM-165-16,
1101 Chinquapin Street, DM-194-16

Amount: $7,840.00

AUTHORIZE CONTRACT WITH STEVE CUMBIE GENERAL CONTRACTORS, INC. FOR ARTHUR R. OUTLAW CONVENTION CENTER EXPO HALL RESTROOM RENOVATION, $272,270.00 (CN-155-16; CO261). The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 21, 2017.

RESOLUTION: 21-146-2017

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: Steve Cumbie General Contractors, Inc.

Project name: Arthur R. Outlaw Convention Center
Expo Hall Restroom Renovation

Project number: CN-155-16

Amount: $272,270.00

AUTHORIZE CONTRACT WITH WRICO SIGNS, INC. FOR HERNDON PARK IMPROVEMENTS-NEW PARK SIGNS, $9445.00 (PR-156-13; CO168). The following resolution was held over for two (2) weeks until the regular meeting of Tuesday, March 28, 2017.

RESOLUTION: 21-147-2017

Sponsored by: Councilmember Richardson and Mayor Stimpson

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

Name of company: Wrico Signs, Inc.

Project name: Herndon Park Improvements - New Park Signs

Project number: PR-156-13

Amount: $9,445.00

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE THE DOJ FY2017 HOMELAND SECURITY GRANT, $24,926.61 (NO LOCAL MATCH). The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 21, 2017.

RESOLUTION: 31-148-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S. Department of Homeland Security, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $24,926.61 for the FY2017 Homeland Security Grant Program.

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 the U. S. Department of Homeland Security and any other federal agency.

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE THE SOUTHERN RAIL COMMISSION GRANT, $125,000.00 ($125,000.00 COM CASH MATCH; $25,000.00 COM IN-KIND MATCH). The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 21, 2017.

RESOLUTION: 31-149-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the Southern Rail Commission, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $125,000 to identify improvements needed to support the return of passenger rail service along the Gulf Coast.

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 the Southern Rail Commission, the Federal Railroad Administration, or any other federal agency.

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO CONSIDER THE APPLICATION OF MARLA G. NICHOLES AND JUSTIN NICHOLES FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A TRANSPORTATION SERVICE. The following resolution was introduced by Councilmember Small.

RESOLUTION: 41-150-2017

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish in a newspaper of general circulation within the municipality the attached notice stating the time and place a proposed resolution 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 the proposed resolution.

NOTICE OF HEARING ON PROPOSED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A TRANSPORTATION SERVICE

Notice is hereby given that the City Council of Mobile, Alabama, proposes to consider the application of Marla G. Nicholes and Justin Nicholes for a Certificate of Public Convenience and Necessity to operate a transportation service in the City of Mobile. The adoption of such Certificate will be considered by the City Council in the Auditorium of the Mobile Government Plaza located at 205 Government Street, Mobile, Alabama, on Tuesday, the 28th day of March, 2017, at 10:30 am. At such time and place all persons who desire shall have an opportunity to be heard in opposition to or in favor of the proposed resolution.

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

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

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

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 1408, 1410 AND 1412 SPRING HILL AVENUE AND 160 NORTH LAFAYETTE STREET (NORTHEAST CORNER OF SPRING HILL AVENUE AND NORTH LAFAYETTE STREET) FROM B-2, B-1 AND R-1 TO B-2 (DISTRICT 2). The following resolution was introduced by Councilmember Small.

RESOLUTION: 41-151-2017

Sponsored by: Councilmember Manzie

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.

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 Auditorium of Government Plaza, 205 Government Street, Mobile Alabama, on the 11th day of April, 2017, 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 16th day of March, 2017.

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

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

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

BEGINNING AT THE CAPPED REBAR (WATTIER) AT THE NORTHEAST CORNER OF SPRING HILL AVENUE (100' R/W) AND LAFAYETTE STREET (50'11/W); THENCE RUN NORTH 04°-24'-04"EAST ALONG THE EAST RIGHTOF-WAY LINE OF SAID LAFAYETTE STREET A DISTANCE OF 263.10 FEET TO A CAPPED REBAR (WATTIER); THENCE RUN NORTH 87°-47'-27" EAST A DISTANCE OF 106.70 FEET TO A NAIL & DISK (WATTIER) IN ASPHALT; THENCE RUN SOUTH 04°-24'-04" WEST A DISTANCE OF 19.85 FEET TO A NAIL & DISK (WATTIER) IN ASPHALT; THENCE RUN NORTH 87°-47'-27" EAST A DISTANCE OF 114.97 FEET TO A NAIL & DISK (WATTIER) IN ASPHALT; THENCE RUN SOUTH 04°-24'-04" WEST A DISTANCE OF 243.25 FEET TO A CRIMP TOP PIPE ON THE NORTH RIGHT-OF-WAY OF SAID SPRING HILL AVENUE; THENCE RUN SOUTH 87°-47'-27" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 221.67 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 1.28 ACRES, MORE OR LESS, AND IS A PORTION OF THE PROPERTY DESCRIBED IN REAL PROPERTY BOOK, 3153, PAGE 713 IN THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA.

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

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

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

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

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

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 2251 AND 2255 PESNELL COURT, AND 2250 MOSS CREEK COURT (NORTH TERMINUS OF PESNELL COURT EXTENDING TO THE NORTH TERMINUS OF MOSS CREEK COURT) FROM R-1 AND R-3 TO R-1 AND R-3 (DISTRICT 6). The following resolution was introduced by Councilmember Small.

RESOLUTION: 41-152-2017

Sponsored by: Councilmember Rich

BE IT RESOLVED BY TILE 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 Auditorium of Government Plaza, 205 Government Street, Mobile Alabama, on the 11th day of April, 2017, at 10:30 am. 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 16th day of March, 2017.

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 Mobil; State of Alabama, described as follows to-wit:

LOT 1 MOSS CREEK RESUBDIVISION AND ADDITION TO LOT 9 AS RECORDED IN MAP BOOK 111, PAGE 102, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA.

TOGETHER WITH LOT 1 BROOKVIEW AT BROOKSIDE, UNIT NO. 2 AS RECORDED IN MAP BOOK 119, PAGE 2, PROBATE COURT RECORDS, MOBILE COUNTY, ALBAMA.

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

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

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

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

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

ANNOUNCEMENTS:

Councilmember Rich announced children of all ages can climb aboard and explore vehicles ranging from large trucks to ambulances at Touch a Truck, an event sponsored by the U.S.A. Mitchell Cancer Institute and Adoption Rocks. The event is set for 10:00 a.m. to 2:00 p.m. on Saturday, March 18, 2017, at Hank Aaron Stadium.

Councilmember Rich thanked everyone who participated in the second hand print tiles project for the repaired gazebo wall near the new Playground Express at Medal of Honor Park this past Saturday.

Councilmember Rich informed residents of Ridgefield, that the City will be replacing the trees at the entrance that they mistakenly cut.

Councilmember Rich wished everyone a safe and happy St. Patrick’s Day.

Councilmember Small stated the Maysville Community Action Group will meet on Tuesday, March 28, 2017, 6:00 p.m. at Revelation Baptist Church on Robert E. Lee Street.

Councilmember Small extended an invitation to the first 'Taste of the Parkway,' on Saturday, February 27, 2017, from 11:00 a.m. - 3:00 p.m., to be held at the Grand Mariner Restaurant. Proceeds benefit the Gilliard Summer Program Boys and Girls Club of South Alabama.

Councilmember Small encouraged residents to attend a district three meeting which will be held on Monday, April 10, 2017, at 6:00 p.m., at Community Baptist Church.

Councilmember Small announced the district three Easter Egg Hunt will take place on Saturday, April 14, 2017, 3:00 p.m., at Taylor Park on Baltimore Street.

Councilmember Williams stressed that the Council is committed to allowing citizens an opportunity to speak at Council meetings.

Councilmember Williams conveyed that 15 Place is now open on Thursdays and Fridays between the hours of 12:30 p.m. and 4:30 p.m.

Councilmember Williams reported he joined in the ribbon cutting ceremony for the three quarter mile walking trail at the University of South Alabama Medical Center.

Councilmember Williams reminded citizens about the Down by the Riverside Easter morning service to be held at 7:00 a.m.

Councilmember Williams comments that the Capital Improvement Plan (CIP) is helping to make Mobile the best it can be.

Councilmember Richardson informed district one residents that the ditches on Warsaw Street and Collins Avenue are closed.

Councilmember Richardson requested City Attorney Jim Rossler to look into drafting a resolution requiring all City signage to bear the official seal of the City of Mobile.

Councilmember Richardson declared the groundbreaking for the Midtown Publix will be held Wednesday, March 22, 2017.

Councilmember Richardson invited Anitra Henderson to attend the Forest Hill community meeting on Thursday, April 20, 2017 to provide information about the YES Initiative.

Councilmember Richardson offered an apology to the Lagniappe for mistakenly attributing a past cartoon of theirs to the Comic Cowboys.

Councilmember Daves stated that a district five community meeting will be held Tuesday, March 28, 2017, 6:00 p.m., at Westminster Presbyterian Church.

Councilmember Daves urged citizens to participate in the community clean-up at Public Safety Memorial Park.

Councilmember Manzie announced three (3) upcoming district two community meetings: April 4, 2017, 6:00 p.m. at Emanuel Seventh Day Adventist Church; April 6, 2017, 6:00 p.m. at Yorktown Baptist Church; and April 11, 2017, 6:00 p.m. at St. Peter Baptist Church.

Councilmember Manzie voiced his appreciation to Anitra Henderson for her involvement with the YES Initiative.

Councilmember Gregory thanked all attendees of Tuesday night’s district seven community meeting held at Emanuel Baptist Church.

Councilmember Gregory advised sidewalk repairs and re-surfacing projects are underway in district seven and asked residents to report any concerns to 311.

Councilmember Gregory encouraged everyone to come downtown and enjoy the St. Patrick’s Day parade on Friday, March 17, 2017.

The Presiding Officer adjourned the regular meeting at approximately 2:47 p.m.

Approved: March 21, 2017


_____________________________
COUNCIL PRESIDENT


_____________________________
COUNCIL VICE-PRESIDENT


_____________________________
CITY CLERK





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