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 Sep 26, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 26, 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 Tuesday, September 26, 2017, at 9:00 a.m.

Present:
Chairman: Gregory
Councilmembers: Richardson, Manzie, Small, 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 10:30 a.m.

The Presiding Officer adjourned the meeting.

Approved: October 10, 2017

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNCIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 26, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, September 26, 2017, at 10:30 a.m., in regular meeting.

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

Reverend Dr. Sterling Boykins, Senior Pastor, Ashland Place United Methodist Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Councilmember Gregory asked everyone to remain standing for a moment of silence in memory of educator and community activist Gertie Wesley.

Present on Roll Call:

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

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 meeting of September 19, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson was not present at the meeting.

Councilmember Rich read a proclamation declaring September 2017 as “Childhood Obesity Awareness Month” in Mobile. Mobile County Medical Society President Dr. Henry Koch accepted the proclamation.

ADOPTION OF THE AGENDA:

Councilmember Small moved to adopt the agenda, which motion 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 agenda adopted.

APPEALS:

The Council considered the request of Pamela Horner for a waiver of the Noise Ordinance at Prince of Peace Church, 454 Charleston Street, on October 7, 2017, from 5:00 p.m. until 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 Diane McCaskey, Family Promise of Coastal Alabama, for a waiver of the Noise Ordinance at 1255 Dauphin Street on October 28, 2017, from 4:00 p.m. until 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 Vidal Clark for a waiver of the Noise Ordinance at Langan Park on October 7, 2017, from 10:00 a.m. until 4:00 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.

The Council considered the request of Miracle Washam for a waiver of the Noise Ordinance at 661 Dauphin Island Parkway on October 7, 2017, from 4:00 p.m. until 12:00 a.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 Terry Mannion for a waiver of the Noise Ordinance at 11 North Dearborn Street on October 11, 2017, from 2:00 p.m. until 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.

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 3915 AND 3921 COTTAGE HILL ROAD (SOUTH SIDE OF COTTAGE HILL ROAD, 235’ ± EAST OF AZALEA ROAD, EXTENDING TO THE NORTH SIDE OF SHELLEY DRIVE, 215 ± EAST OF AZALEA ROAD), FROM B-1 AND B-2 TO LB-2.

The Presiding Officer announced that today was the day for the public hearing to consider a request to rezone property at 3915 and 3921 Cottage Hill Road and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO REZONE PROPERTY AT 402 ST. ANTHONY STREET (NORTHWEST CORNER OF ST. ANTHONY STREET AND NORTH FRANKLIN STREET, 80 ± EAST OF NORTH HAMILTON STREET, EXTENDING TO THE SOUTH SIDE OF DR. MARTIN LUTHER KING, JR. AVENUE AND STATE STREET), FROM SD-WH AND T5.1 TO SD-WH.

The Presiding Officer announced that today was the day for the public hearing to rezone property at 402 St. Anthony Street and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 7240 EIGHTH STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 7).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 7240 Eighth Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1205 PEABODY DRIVE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 7).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1205 Peabody Drive is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

Susan Allen, 1853 Weaver Drive, Eight Mile, stated she is working to secure the structure.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1458 CLOVERLEAF CIRCLE NORTH IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1458 Cloverleaf Circle North is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 708 GORGAS STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 708 Gorgas Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

Aaron Freeman, 961 South Dearborn Street, said he is in the process of rehabilitating the structure.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 7718 AVENUE E IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 7).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 7718 Avenue E is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

AGENDA ITEMS:

Matt Waltman, 5485 Dogwood Trail, Eight Mile, and Tony McCarron, 3019 Calais Street, spoke in favor of longevity pay for the Mobile Fire Rescue Department.

Ronald Hunt, 1351 Sandra Drive, presented the Council with his concerns regarding the proposed fiscal year 2018 budget.

NON-AGENDA ITEMS:

Timothy Hollis, 1924 Seale Street, asked questions regarding the allocation of funds to the National African American Archives Museum and the Toulminville Titans football team.

Ron Green, 2255 Hathcox Street, requested an Excel spread sheet showing the allocations and expenditures related to the penny sales tax.

UJ Robinson Memorial Center adult day care clients sang various songs for the Council.

ORDINANCES HELD OVER:

REZONE PROPERTY AT 5803, 5809 AND 5811 OLD SHELL ROAD (SOUTHWEST CORNER OF OLD SHELL ROAD AND LONG STREET) FROM B-2 AND R-A TO B-2 (LOT A) AND R-1 AND R-2 TO R-3 (LOT B) (DISTRICT 6). The following ordinance which was introduced and read at the regular meeting of Tuesday, September 12, 2017, held over for one (1) week until the regular meeting of September 19, 2017 and held over until the regular meeting of September 26, 2017 was called up by the Presiding Officer.

ORDINANCE: 64-034-2017

Sponsored by: Councilmember Rich

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:

LOT A: BEGINNING AT THE SOUTHWEST CORNER OF LOT 3, WESTERN HILLS EXTENSION AS RECORDED IN MAP BOOK 3, PAGE 432, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; THENCE NORTH 170.00 FEET; THENCE SOUTH 89° 36' 30" EAST 202.48 FEET; THENCE NORTH 00° 05' 06" EAST 297.44 FEET TO THE SOUTH LINE OF OLD SHELL ROAD; THENCE SOUTH 81° 17' EAST ALONG SAID SOUTH LINE 105.09 FEET; THENCE SOUTH ALONG THE WEST LINE OF LONG STREET 452.13 FEET TO THE SOUTHEAST CORNER OF LOT 1, WESTERN HILLS EXTENSION; THENCE NORTH 89° 36' 30" WEST 307.41 FEET TO THE POINT OF BEGINNING.

LOT B: COMMENCING AT THE SOUTHWEST CORNER OF LOT 3, WESTERN HILLS EXTENSION AS RECORDED IN MAP BOOK 3, PAGE 432, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; THENCE NORTH 170.00 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE SOUTH 89° 36' 30" EAST 202.48 FEET; THENCE NORTH 00° 05' 06" EAST 297.44 FEET TO THE SOUTH LINE OF OLD SHELL ROAD; THENCE NORTH 81° 17' WEST ALONG SAID SOUTH LINE 205.19 FEET TO THE NORTHWEST CORNER OF LOT 3; THENCE SOUTH ALONG THE WEST LINE OF LOT 3 A DISTANCE OF 327.16 FEET TO THE POINT OF BEGINNING.

The classification of said property is hereby changed from B-2, Neighborhood Business District and R-2, Two-Family Residential District, to B-2, Neighborhood Business District, for Lot A and R-1, Single-Family Residential District, and R-2, Two-Family Residential District, to R-3, Multiple-Family Residential District for Lot B 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 and R-3, Multiple-Family Residential 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 and R-3, Multiple-Family Residential District, until all of the conditions set forth below have been complied with: (Lot A) 1) completion of the Subdivision process; 2) preservation status is to be given to the 68" live oak tree along Old Shell Road on Lot A; 3) full compliance with tree planting and landscape area requirements; and 4) full compliance with all municipal codes and ordinances, and (Lot B) 1) completion of the Subdivision process; 2) development of Lot B limited to an approved Planned Unit Development; and 3) full compliance with all municipal codes and ordinances.

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

The ordinance was read by the City Clerk; whereupon Councilmember Rich moved that the ordinance be held over for two (2) weeks until the regular meeting of October 10, 2017, which 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 ordinance held over.

RESOLUTIONS HELD OVER:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR DISCOUNT ZONE, 158 NORTH BROAD STREET. The following resolution which was introduced and read at the regular meeting of Tuesday, August 29, 2017 was held over until the regular meeting of September 12, 2017 and held over until the regular meeting of September 26, 2017 was called up by the Presiding Officer.

RESOLUTION: 37-531-2017

Sponsored by: Councilmember Manzie

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

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

Submitted by: Mata Manakamana Mai, LLC

Location: Discount Zone
158 North Broad Street
Mobile, AL 36603

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

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

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

ADOPT THE 2017-2018 BUDGETS FOR THE GENERAL FUND, CAPITAL IMPROVEMENT AND THE CONVENTION CENTER. The following resolution which was introduced and read at the regular meeting of Tuesday, September 5, 2017 was over until the regular meeting of September 12, 2017, then held over until the regular meeting of September 19, 2017 and held over once more until the regular meeting of September 26, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-553-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the FY 2017-2018 budgets for the General Fund, Capital Improvement and Convention Center are hereby adopted.

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be held over for two (2) weeks until the regular meeting of October 10, 2017, which was seconded by Councilmember Rich and the vote was as follows:

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

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

AUTHORIZE CONTRACT WITH CONTACT NETWORK, LLC D/B/A INLINE FOR AIRPORT BOULEVARD SIGNAL IMPROVEMENT-FIBER INSTALLATION, $421,748.61 (CIP PROJECT; D5; CO226; 2017-2060-06). The following resolution which was introduced and read at the regular meeting of Tuesday, September 19, 2017 and held over for one (1) week until the regular meeting of September 26, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-578-2017

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Cleric be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below; to provide construction services for the construction of traffic signal communications infrastructure for the Airport Boulevard Signal Improvement Project, 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: Contact Network, LLC D/B/A InLine

City of Mobile project no.: 2017-2060-06

Capital project no.: C0226

Amount: $421,748.61

The resolution was read by the City Clerk; whereupon Councilmember Small moved that the resolution be adopted, which was seconded by Councilmember Rich. Following comments from Councilmember Daves 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.

At approximately 11:40 a.m. Council President Gregory turned the gavel over to Council Vice-President Richardson and excused herself from the meeting.

AUTHORIZE MASTER SERVICES AGREEMENT WITH PLANNING NEXT FOR GENERAL SERVICES TO SUPPORT STAFF IN PREPARATION AND DELIVERY OF STRATEGIC PLANNING RELATED SERVICES, $120,000.00. The following resolution which was introduced and read at the regular meeting of Tuesday, September 19, 2017 and held over for one (1) week until the regular meeting of September 26, 2017 was called up by the Presiding Officer.

RESOLUTION: 01-579-2017

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, the Master Services Agreement, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Master Services Agreement is on file in the office of the City Clerk.

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 and Rich
Nays: None

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

AUTHORIZE CONTRACT WITH SIMPLEX GRINNELL FOR FIRE ALARM SYSTEM INSPECTION AND TESTING-VARIOUS CITY OF MOBILE FACILITY LOCATIONS, $76,926.00, THREE-YEAR CONTRACT (10043037-42150 GL NO.; SC-188-17). The following resolution which was introduced and read at the regular meeting of Tuesday, September 19, 2017 and held over for one (1) week until the regular meeting of September 26, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-580-2017

Sponsored by: 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: Simplex Grinnell

Project name: Fire Alarm System Inspection & Testing
Various City of Mobile Facility Locations

Project number: SC-188-17

Amount: $27,179.00 (1st Year Initial Term)
$21,244.00 (2nd Year 2nd Additional Term)
$28.503.00 (3rd Year 3rd Additional Term)
$76,926.00 3 Year Contract

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 and Rich
Nays: None

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

RE-ALLOCATE $2,500.00 FROM THE GENERAL FUND 1000, DISTRICT 6 DISCRETIONARY ACCOUNT DSC-06 TO THE CAPITAL IMPROVEMENT FUND 2000, CAPITAL PROJECT D0018, PRIORITY PROJECTS-DISTRICT 6 CAPITAL. The following resolution which was introduced and read at the regular meeting of Tuesday, September 19, 2017 and held over for one (1) week until the regular meeting of September 26, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-581-2017

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $2,500.00 be transferred from General Fund 1000, District 6 Discretionary Account DSC-06, to the Capital Improvements Fund 2000, Capital Project D0018, Priority Projects-District 6 Capital.

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

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

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

RE-ALLOCATE $10,710.77 FROM THE GENERAL FUND 1000, DISTRICT 4 DISCRETIONARY ACCOUNT DSC-04 TO THE CAPITAL IMPROVEMENT FUND 2000, CAPITAL PROJECT PKR04-DISTRICT 4 PARK REPAIR. The following resolution which was introduced and read at the regular meeting of Tuesday, September 19, 2017 and held over for one (1) week until the regular meeting of September 26, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-582-2017

Sponsored by: Councilmember Williams and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $10,710.77 be transferred from the General Fund 1000, District 4 Discretionary Account DSC-04, to the Capital Improvement Fund 2000, Capital Project PKR04-Dist 4 Park Repair Projects.

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

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

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

RE-ALLOCATE $10,000.00 FROM THE GENERAL FUND 1000, DISTRICT 4 DISCRETIONARY ACCOUNT DSC-04 TO THE CAPITAL IMPROVEMENTS FUND 2000, CAPITAL PROJECT C0037, PARKS-MIMS-RENOVATIONS. The following resolution which was introduced and read at the regular meeting of Tuesday, September 19, 2017 and held over for one (1) week until the regular meeting of September 26, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-583-2017

Sponsored by: Councilmember Williams and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $10,000.00 be transferred from the General Fund 1000, District 4 Discretionary Account DSC-04, to the Capital Improvement Fund 2000, Capital Project C0037, Parks- Mims -Renovations & Repairs.

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

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

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

RE-ALLOCATE $1,021.04 FROM THE GENERAL FUND 1000, DISTRICT 7 DISCRETIONARY ACCOUNT DSC-07 TO THE GRANT FUND 5700, CPD GEN. ADMINISTRATION (TO BE USED FOR RENOVATIONS AT 7220 BISHOP PHILLIPS AVENUE IN MOBILE TERRACE). The following resolution which was introduced and read at the regular meeting of Tuesday, September 19, 2017 and held over for one (1) week until the regular meeting of September 26, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-584-2017

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $1,021.04 be transferred from the General Fund, District 7 Discretionary Account DSC-07, to the Grant Fund 5700, CPD General Administration, the funds are to be used for renovations at 7220 Bishop Phillips Avenue in Mobile Terrace.

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

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

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

RE-ALLOCATE $35,593.44 FROM THE GENERAL FUND 1000, DISTRICT 5 DISCRETIONARY ACCOUNT DSC-05 TO THE CAPITAL IMPROVEMENTS FUND 2000, CAPITAL PROJECT D0017, PRIORITY PROJECTS-DISTRICT 5 CAPITAL. The following resolution which was introduced and read at the regular meeting of Tuesday, September 19, 2017 and held over for one (1) week until the regular meeting of September 26, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-585-2017

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $35,593.44 be transferred from General Fund 1000, District 5 Discretionary Account DSC-05, to the Capital improvements Fund 2000, Capital Project D0017, Priority Projects-District 5 Capital.

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

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

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

RE-ALLOCATE $25,946.09 FROM THE GENERAL FUND 1000, DISTRICT 6 DISCRETIONARY ACCOUNT DSC-06 TO THE CAPITAL IMPROVEMENTS FUND 2000, CAPITAL PROJECT C0073, STREET BEAUTIFICATION PROJECTS (FOR BEAUTIFICATION OF MEDIANS IN DISTRICT 6). The following resolution which was introduced and read at the regular meeting of Tuesday, September 19, 2017 and held over for one (1) week until the regular meeting of September 26, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-586-2017

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $25,946.09 be transferred from the General Fund 1000, District 6 Discretionary Account DSC-06, to the Capital Improvement Fund 2000, Capital Project C0073, Street Beautification Projects. These funds are being transferred for the beautification of medians in District 6.

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

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

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

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

Councilmember Williams moved for the suspension of the rules to consider Ordinances 64-035 and 64-036 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 and Rich
Nays: None

The Presiding Officer declared unanimous consent granted for the items.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 3915 AND 3921 COTTAGE HILL ROAD (SOUTH SIDE OF COTTAGE HILL ROAD, 235 ± EAST OF AZALEA ROAD, EXTENDING TO THE NORTH SIDE OF SHELLEY DRIVE, 215 ± EAST OF AZALEA ROAD), FROM B-1 AND B-2 TO LB-2. The following ordinance was introduced by Councilmember Williams.

ORDINANCE: 64-035-2017

Sponsored by: Councilmember Williams

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:

THAT PORTION OF LOTS 2 AND 3, BLOCK 3 BAYVIEW HEIGHTS, ACCORDING TO PLAT RECORDED IN MAP BOOK 4, PAGES 135-137, OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CRIMP TOP PIPE AT THE ORIGINAL SOUTHEAST CORNER OF SAID LOT 3, BLOCK 3, BAYVIEW HEIGHTS, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF SHELLEY DRIVE (AKA FIRST AVENUE) (50' R/W); THENCE RUN SOUTH 89-°44'-21" WEST ALONG THE SOUTH LINE OF SAID LOT 3 AND ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SHELLEY DRIVE A DISTANCE OF 126.67 FEET TO A CAPPED REBAR (ILLEGIBLE); THENCE RUN NORTH 01°-39'-55" EAST A DISTANCE OF 141.71 FEET TO A NAIL & DISK ON THE SOUTH RIGHT-OF-WAY LINE OF COTTAGE HILL ROAD (80' RAV) AND THE NORTH LINE OF SAID LOT 2; SAID POINT BEING ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 04°-06'-33", A RADIUS OF 1941.37 FEET, A CHORD BEARING OF NORTH 67°-43'-02" EAST AND A CHORD LENGTH OF 139.20 FEET; THENCE RUN NORTHEASTWARDLY ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID COTTAGE HILL ROAD A DISTANCE OF 139.23 FEET TO A 5/8" REBAR AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE RUN SOUTH 01°-50'-54" WEST ALONG THE EAST LINE OF SAID LOT 3 A DISTANCE OF 193.99 FEET TO THE POINT OF BEGINNING.

The classification of said property is hereby changed fi*om B-1, Buffer-Business District, and B-2, Neighborhood Business District, to LB-2, Limited-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 LB-2, Limited-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 LB-2, Limited-Neighborhood Business District, until all of the conditions set forth below have been complied with: 1) provision of screening along Shelley Drive, in compliance with Section 64-6.A.3.i. of the Zoning Ordinance; 2) vehicular access to Shelley Drive is prohibited; 3) completion of the Subdivision process; 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.

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

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

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

REZONE PROPERTY AT 402 ST. ANTHONY STREET (NORTHWEST CORNER OF ST. ANTHONY STREET AND NORTH FRANKLIN STREET, 80’ ± EAST OF NORTH HAMILTON STREET, EXTENDING TO THE SOUTH SIDE OF DR. MARTIN LUTHER KING, JR. AVENUE AND STATE STREET), FROM SD-WH AND T5.1 TO SD-WH. The following ordinance was introduced by Councilmember Williams.

ORDINANCE: 64-036-2017

Sponsored by: Councilmember Manzie

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 A SOUTHWEST CORNER OF ST. ANTHONY STREET (A 50 FOOT RIGHT OF WAY) AND N. FRANKLIN (A 50 FOOT RIGHT OF WAY); THENCE RUN NORTH 67°57'27" WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID ST. ANTHONY STREET A DISTANCE OF 120.06 FEET TO A POINT; THENCE RUN NORTH 21°31'22" WEST A DISTANCE OF 133.043 FEET TO A POINT; THENCE RUN SOUTH 68°17'57" WEST A DISTANCE OF 29.85 FEET TO A POINT THENCE RUN NORTH 21°27'10" EAST A DISTANCE OF 84.82 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE STREET (A 50 FOOT RIGHT OF WAY); THENCE RUN NORTH 68°17'23" WEST ALONG THE EAST RIGH TO WAY LINE OF SAID STATE STREET A DISTANCE OF 48.30 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF DR. MARTIN LUTHER KING, JR. AVENUE (A 60 FOOT RIGHT OF WAY); THENCE RUN SOUTH 67°35'29" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID DR. MARTIN LUTHER KING JR. AVENUE A DISTANCE OF 140.70 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SAID N. FRANKLIN STREET; THENCE RUN SOUTH 21°36'15" WEST ALONG THE EAST RIGHT OF WAY LINE OF SAID N. FRANKLIN STREET A DISTANCE OF 119.60 FEET TO THE POINT OF BEGINNING.

The classification of said property is hereby changed fi*om SD-WH & T5,l, to SD-WH, 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 SD-WH, 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 SD-WH, until all of the conditions set forth below have been complied with: 1) Completion of the Subdivision process; and 2) Full compliance with all municipal codes and ordinances.

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

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

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance 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 Resolutions 31-587 through 09-610 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 and Rich
Nays: None

The Presiding Officer declared unanimous consent granted for the item.

CONSENT RESOLUTIONS BEING INTRODUCED:

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE FUNDING FROM THE DOJ FY17 COLLECTIVE HEALING DEMONSTRATION SITE INITIATIVE, $750,000.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 31-587-2017

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 Justice, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $750,00.00 for the DOJ FY17 Collective Healing Demonstration Site Initiative.

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 Justice and any other federal agency.

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

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

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

DECLARE THE STRUCTURE AT 7240 ENGLISH STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 7). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-588-2017

Sponsored by: Councilmember Gregory

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 7240 Eighth Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 7240 Eighth Street described as:

LOTS 24 & 25 BLK 17 MOBILE TERRACE DBK 156 NS P 540 #SEC 18 T4S R2W #MP28 04 18 4 001

Parcel #: 022804184001027

Last assessed to: Jackson Horace & Genoba
c/o Arthur L. Harris
P. O. Box 2671
Daphne, AL 36526

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

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

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

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

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

DECLARE THE STRUCTURE AT 1205 PEABODY DRIVE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 7). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-589-2017

Sponsored by: Councilmember Gregory

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1205 Peabody Drive has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 1205 Peabody Drive described as:

LOT 38 BRANTLEY PARK MBK 12 P 35 #SEC 10 T4S R2W #MP28 02 10 1 001

Parcel #: 022802101001055

Last assessed to: Allen Susan Marie
120 North La Salle Street, 29th Floor
Chicago. IL 60602

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

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

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

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

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

DECLARE THE STRUCTURE AT 1458 CLOVERLEAF CIRCLE NORTH A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-590-2017

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 2, 2002, the structure at 1' -58 Cloverleaf Circle North has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 1458 Cloverleaf Circle North described as:

LOT 43 CLOVER LEAF PARK MBK 3 P 559 #SEC 27 T4S R1W #MP29 10 27 3 002

Parcel #: 022910273002013

Last assessed to: Walker Edward A.
P. O. Box 501003
Mobile, AL 36605

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

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

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

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

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

DECLARE THE STRUCTURE AT 798 GORGAS STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-591-2017

Sponsored by: Councilmember Small

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 798 Gorges Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that It is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 798 Gorgas Street described as:

BEG AT INT OF W R/W/L OF SCOTT ST & N RAV/L OF GORGAS ST OAKDALE SUBDIV MBK 156 N S P 458-459 TH N 81 DEG 03 MIN W ALG SAID N RAA//L TO GORGAS ST A DIS OF 42 FT TO E PPTY LINE OF LOT 15 OF V P & TWSIMS SUBDIV DBK 106 N S P 89 TH N 23 DEG 18 MIN 45 SEC E ALG SAID E/L OF LOT 15 A DIS OF 148.88 FT TH S 81 DEG 05 MIN E & PAR WITH GORGAS ST M/L A DIS OF 45 FT TO PT ON W R/W/L OF SCOTT ST TH S 24 DEG 28 MIN W ALG SAID W R/W/L OF SCOTT ST A DIS OF 149.58 FT TO POB #SEC 37 T4S R1W #MP29 10 37 0 008

Parcel #: 022910370008115

Last assessed to: State of Alabama
c/o Ray Aaron
Montgomery, AL 36130

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

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

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

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

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

DECLARE THE STRUCTURE AT 7718 AVENUE E A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 7). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 40-592-2017

Sponsored by: Councilmember Rich

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 7718 Avenue E has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 7718 Avenue E described as:

LOTS 5.6.7.8 & 9 BLK 23 WEST MOBILE TERRACE DBK 156 NS 570 #SEC 18 T4S R2W #MP28 04 18 3 002

Parcel #: 022804183002007

Last assessed to: Carter Billy Joe Y Denise
c/o Angela & Tracy Moore
4155 Holly Springs Drive
Mobile, AL 36693

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

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

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A BREWPUB LICENSE FOR IRON HAND BREWING, 206 STATE STREET. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-593-2017

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: Brewpub License

Submitted by: Iron Hand Brewing, LLC

Location: Iron Hand Brewing
206 State Street
Mobile. AL 36603

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR IRON HAND BREWING, 206 STATE STREET. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 37-594-2017

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: Restaurant Retail Liquor License

Submitted by: Iron Hand Brewing, LLC

Location: Iron Hand Brewing
206 State Street
Mobile, AL 3660

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

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

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

AUTHORIZE REMOVAL OF WEEDS, GROUP #1568. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-595-2017

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

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

WHEREAS, Parcels Nos. 1 through 20 described in the resolution adopted on the 23rd day of August; 2017, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.

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

SECTION 1. It is hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property:

PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED:

Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 20, as described in the resolution adopted on the 23rd day of August, 2017, and entitled: "A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES."

(Lot Cleaning Liens, Group No. 1568, on file in the office of the City Clerk).

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

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

Ayes: Richardson, Manzie, Small, Williams, Daves and Rich
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, REPEAT WEED LIEN GROUP NO. 10. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-596-2017

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 Repeat Weed Lien Group No. 10 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 Manzie and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves and Rich
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 #1565. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-597-2017

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

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group No. 1565 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 Manzie and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves and Rich
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 #1563. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-598-2017

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

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group No. 1563 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 Manzie and the vote was as follows:

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

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

RE-ALLOCATE $500.00 FROM THE GENERAL FUND 1000, DISTRICT 3 DISCRETIONARY ACCOUNT DSC-03, 10041020.420


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