CITY COUNCIL MEETINGS: Minutes and Agendas

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The City Council meets every Tuesday

9:00 a.m. - Pre Council Meeting in Government Plaza Conference Room on the First floor.

10:30 a.m. - The Council Meeting begins in Government Plaza Auditorium on the First Floor.

Council minutes for Sep 01, 2009

MUNICIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 1, 2009

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Tuesday, September 1, 2009, at 9:00 a.m.

Present:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Williams, Hudson, Gregory

Absent: Johnson

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: September 22, 2009

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 1, 2009

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Tuesday, September 1, 2009, at 10:30 a.m., in regular meeting.

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

Reverend Willie J. Perry, St. Louis Street Missionary Baptist Church, offered the invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chairman: Copeland
Councilmembers: Richardson, Carroll, Johnson, Williams, Hudson, Gregory

Absent: None

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and dispensed with reading the following Rules concerning communications with the City Council with the exception of #2:
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.

CANVASS OF VOTES – MUNICIPAL ELECTION:

The Council President announced that at this time, the canvassing of the votes of the Municipal Election held Tuesday, August 25, 2009, would begin.

NOTE: Councilmember Richardson commended the voters in District 1 for the large turnout on Election Day.

APPROVAL OF MINUTES:

The Minutes of August 4 and August 11, 2009, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones announced that Bayfest has been named the “Event of the Year” by the Alabama Bureau of Tourism and Travel.

Mayor Jones presented a proclamation to Mario Mazza, General Manager of WHIL radio, and Keith Necaise, Creative Development for WHIL, recognizing 91.3 WHIL’s 30th anniversary and proclaiming the week of September 5-12, 2009, as “91.3 WHIL Week” in the City of Mobile.

Mayor Jones introduced Bill Layfield, past President of Alabama Voices of Recovery, who received a proclamation declaring September 2009 as “Alcohol and Drug Addiction Recovery Month” in the City of Mobile.

Jay Stubbs, President of the Mobile Chapter of the National Association of Insurance and Financial Advisors, received a proclamation from Mayor Jones naming September 2009 “Life Insurance Awareness Month” in the City of Mobile.

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

APPEALS:

(1) The Council considered the appeal request of Greg Dreaper of the denial of the Architectural Review Board to allow vinyl windows at 1562 Blair Avenue (District 2).

There being no objections, Councilmember Copeland moved that the appeal request be laid over for one (1) week to the regular meeting of Tuesday, September 8, 2009, which motion was seconded by Councilmember Hudson, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the appeal request laid over for one (1) week to the regular meeting of Tuesday, September 8, 2009.

(2) The Council considered the request of Christina Campbell, 2900 Arc Road, for a waiver of the Noise Ordinance on September 12, 2009, from 4:00 p.m. until 10:00 p.m. (District 3).

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

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

(3) The Council considered the request of James Kirksey, 3521 Riviere du Chien Court, for a waiver of the Noise Ordinance on September 6, 2009, from 12:00 p.m. until 10:00 p.m. (District 4).

There being no objections, Councilmember Richardson moved that the waiver request be considered, which motion was seconded by Councilmember Copeland. Following a statement by Councilmember Williams asking Councilmembers to deny the request, the vote was as follows:

Ayes: None
Nays: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland

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

(4) The Council considered the request of James Kirksey, 3521 Riviere du Chien Court, for a waiver of the Noise Ordinance on September 7, 2009, from 12:00 p.m. until 10:00 p.m. (District 4).

There being no objections, Councilmember Richardson moved that the waiver request be considered, which motion was seconded by Councilmember Copeland. Following a statement by Councilmember Williams asking Councilmembers to deny the request, the vote was as follows:

Ayes: None
Nays: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland

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

(5) The Council considered the request of Terrence Jones, 1350 Reams Drive East, for a waiver of the Noise Ordinance on September 5, 2009, from 4:00 p.m. until 10:00 p.m. (District 7).

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

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.
(6) The Council considered the request of Terrence Jones, 1350 Reams Drive East, for a waiver of the Noise Ordinance on September 7, 2009, from 2:00 p.m. until 9:00 p.m. (District 7).

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

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

(7) The Council considered the request of Shirley Clark, 1307 McArthur Street, for a waiver of the Noise Ordinance on September 7, 2009, from 5:00 p.m. until 9:00 p.m. (District 3).

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

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
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:

(A) AGENDA ITEMS:

None

(B) NON-AGENDA ITEMS:

Jane Conkin, 2519 Muir Woods Drive East, read a statement regarding the City’s ordinance governing temporary structures in flood zones in the City of Mobile.

Larry Wettermark, City Attorney, and Mayor Jones responded to Ms. Conkin’s remarks. Councilmember Hudson asked the Council’s attorney, Jim Rossler, to review the City’s storm water ordinance.

Taylor Hodge, Jr., 1619 Charmey Street, spoke to the Council on behalf of the Gulf Coast Classic. Following comments by Councilmembers in response to Mr. Hodge’s statement, Council President Copeland advised Mr. Hodge that the Finance Committee will meet on Tuesday, September 15, 2009, to review the proposed budget for 2009-2010.

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 03-538 through 58-549, which motion was seconded by Councilmember Hudson, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

The Presiding Officer declared unanimous consent granted for all items.


RESOLUTIONS BEING INTRODUCED:

APPOINT BRIAN MISHKIN TO THE CIVIC CENTER BOARD OF DIRECTORS. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 03-538-2009

Sponsored by: Councilmember Copeland

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Brian Mishkin is appointed to the Civic Center Board of Directors effective immediately to fill an unexpired term ending November 15, 2010.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Copeland moved its adoption, which motion was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

CONCUR IN THE APPOINTMENT OF BEVERLY COOPER TO THE MOBILE COUNTY DEPARTMENT OF HUMAN RESOURCES. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 03-539-2009

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Council concurs in the re-appointment of Beverly Cooper to the Mobile County Department of Human Resources Board for a term expiring September 30, 1015.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Copeland moved its adoption, which motion was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

REALLOCATE $4,816.04 FROM COUNCIL GENERAL FUND DISCRETIONARY TO CAPITAL PROJECT #157 BUILDINGS & GROUNDS IMPROVEMENT. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-540-2009

Sponsored by: Mayor Jones and Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $4,816.04 be reallocated from General Fund account line item #100.004.41780 General Fund.City Council.Unclassified Expenses to Capital Project #157 Buildings & Grounds Allowances.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

AUTHORIZE CHANGE ORDER 1 WITH BEN M. RADCLIFF CONTRACTOR FOR THE ALABAMA CRUISE TERMINAL FIXED WALKWAY PROJECT TO ADD CONSTRUCTION OF A METAL BUILDING, $91,000.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 13-541-2009

Sponsored by: Mayor Jones and Councilmember Carroll

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, Change Order No. One (1) to the Contract with Ben M. Radcliff Contractor, Inc. whereby the sum of $91,000.00 is added to the original contract amount. A copy of said change order is on file in the office of the City Clerk.

Project Name: Alabama Cruise Terminal
Fixed Walkway and Metal Building
Project Number: CT-107-08

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH CYNTHIA MCBRIDE SMITH FOR COURT REFERRAL OFFICER SERVICES FOR MUNICIPAL COURT. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-542-2009

Sponsored by: Mayor Jones

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

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH SARAH STILES FOR COURT REFERRAL OFFICER SERVICES FOR MUNICIPAL COURT. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-543-2009

Sponsored by: Mayor Jones

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

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH ANGELA WATSON TURBERVILLE FOR COURT REFERRAL OFFICER SERVICES FOR MUNICIPAL COURT. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-544-2009

Sponsored by: Mayor Jones

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

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None
The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH PEAVY CONSTRUCTION COMPANY, INC., FOR SAFE ROUTES TO SCHOOLS (100% FEDERAL FUNDING). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-545-2009

Sponsored by: Mayor Jones and Mobile City Council

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract with Peavy Construction Company, Inc., for Safe Routes to Schools in the areas of Cranford H. Burns Middle School, Olive J. Dodge Elementary School, E. R. Dickson Elementary School, Dr. Robert W. Gilliard Elementary School, Ariel Holloway Elementary School, Kate Shepard Elementary School, Maryvale Elementary School, and Mobile County Training School. Improvements include items such as concrete sidewalks, striping, signing, and other miscellaneous items. City Project No. 2008-165-05; ALDOT – SRTS-SP02 (917-923), in the amount of $1,017,377.53 (100% Federal Funding).

A copy of said contract is on file in the office of the City Clerk.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

ACCEPT SIDEWALK EASEMENT FROM CVS 488 AL, L.L.C., (OLD SHELL ROAD/MCGREGOR AVENUE). The following resolution was introduced by Councilmember Gregory.

RESOLUTION 25-546-2009

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City hereby accepts the attached sidewalk easement from CVS 488 AL, L.L.C., a Delaware limited liability company.

BE IT FURTHER RESOLVED THAT SAID document being attached hereto and made a part hereof as fully as if set forth herein.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Gregory moved its adoption, which motion was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

DECLARE THE RESULTS OF THE MUNICIPAL ELECTION HELD ON AUGUST 25, 2009, FOR COUNCIL DISTRICTS 1, 2, 3, AND 6. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 27-547-2009

Sponsored by: Mayor Jones

WHEREAS, the Municipal Election for the City of Mobile, Alabama, was duly and legally held on August 25, 2009, as proved by law; and

WHEREAS, the City Council of the City of Mobile, Alabama, met on this the 1st day of September, 2009, all members thereof being present at 10:30 a.m., and has canvassed the returns and has ascertained and determined the number of votes received by each candidate; and

WHEREAS, the said City Council of the City of Mobile, Alabama, has ascertained and determined the results of said elections as follows:



TOTAL VOTES

COUNCILMEMBER DISTRICT 1
Yasmin Bolden Coker 1,140
Fred Richardson 1,656

COUNCILMEMBER DISTRICT 2
William Carroll 1,149
Lakeshia Dotson 885
Jeffery Ray Jones 91

COUNCILMEMBER DISTRICT 3
Jermaine A. Burrell 771
Alphonse Hardy 14
Clinton L. Johnson 967
Lyndon Peters 54
Ronald S. Wallace 260

COUNCILMEMBER DISTRICT 6
Al Cheatham 269
Connie Hudson 1,895

A copy of the Canvass Printout by machine is attached hereto and made a part hereof as though set forth in full.

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

1. That Fred Richardson received a majority of the votes cast for the office of City Council, District 1, and is hereby declared duly elected to that office for the term beginning the first Monday in November, 2009.

2. That William Carroll received a majority of the votes cast for the office of City Council, District 2, and is hereby declared duly elected to that office for the term beginning the first Monday in November, 2009.

3. That no candidate received a majority of the votes cast for the office of City Council, District 3, and Clinton L. Johnson and Jermaine A. Burrell received the most and second most votes cast for that office; therefore, a runoff election between said candidates is hereby ordered to be held on Tuesday, October 6, 2009, pursuant to the requirements of Section 11-46-20 et seq, of the Alabama Code of 1975, as amended.

4. That Connie Hudson received a majority of the votes cast for the office of City Council, District 6, and is hereby declared duly elected to that office for the term beginning the first Monday in November, 2009.

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Hudson moved its adoption, which motion was seconded by Councilmember Copeland, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

AUTHORIZE REMOVAL OF WEEDS, GROUP #1410. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-548-2009

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 19 described in the resolution, adopted on the 14th day of July, 2009, 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 19 as described in the resolution adopted on the 14th day of July, 2009, 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. 1410, 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 for that purpose; and in the event a property owner removes the weeds from his own property, no charge will be made by 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 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; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Copeland, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
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 #1407. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-549-2009

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 #1407, 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; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Copeland, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF GRANT STREET AND AIRPORT BOULEVARD FROM R-1 TO B-1 (DISTRICT 5) (APPLICANT: JOSEPH PAYNE). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-550-2009

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 with the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

NOTICE OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on Wednesday, the 29th day of September, 2009, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 1st day of September, 2009.

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 PARCEL OF LAND BEING BOUNDED BY A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 4 SOUTH, RANGE 1 WEST, IN THE CITY AND COUNTY OF MOBILE, ALABAMA; THENCE RUN S 00°14'E 55.0 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF AIRPORT BOULEVARD (SAID RIGHT OF WAY FOR RELOCATION OF GRANT STREET AND FLORIDA STREET EXTENSION HEREIN REFERRED TO HAVING BEEN ACQUIRED BY THE CITY OF MOBILE UNDER CONDEMNATION PROCEEDINGS IN THE PROBATE COURT OF MOBILE COUNTY, ALABAMA, CASE NO. 14710 NS); THENCE ALONG SAID SOUTH RIGHT OF WAY LINE OF AIRPORT BOULEVARD, RUN S 89°04'E 255.26 FEET TO A POINT ON THE EAST LINE OF THE 100 FOOT RIGHT OF WAY OF FLORIDA STREET EXTENSION, SAID POINT BEING THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE CONTINUING S 89°04'E ALONG SAID SOUTH RIGHT OF WAY LINE OF AIRPORT BOULEVARD, RUN A DISTANCE OF 199.0 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF GRANT STREET, SAID POINT BEING ON THE ARC OF A 1175.92 FOOT RADIUS CURVE TO THE LEFT AND CONCAVE SOUTHEASTWARDLY; THENCE ALONG SAID NORTH RIGHT OF WAY LINE OF GRANT STREET, RUN SOUTHWESTWARDLY ALONG SAID ARC OF CURVE, A DISTANCE OF 209.81 FEET TO THE P.T. OF SAID CURVE, SAID POINT BEARS S 58°42'42"W 209.53 FEET FROM THE LAST DESCRIBED POINT; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE OF GRANT STREET, RUN S 53°36'W 23.16 FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT OF WAY LINE OF FLORIDA STREET EXTENSION; THENCE ALONG SAID EAST RIGHT OF WAY LINE OF FLORIDA STREET EXTENSION, RUN N 00°35'W 125.82 FEET TO THE POINT OF BEGINNING. CONTAINING 11,646 SQUARE FEET OR 0.26736 ACRES.

The classification of said property is hereby changed from R-1, Single-Family Residential District, to B-1, Buffer-Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in B-1, Buffer-Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-1, Buffer-Business District until all of the conditions set forth below have been complied with: 1) development limited to the site plan as presented to the Commission, as may be required to be modified by conditions of this approval; 2) developer to submit and obtain a variance for reduced setbacks; 3) submission and approval of a sidewalk waiver if sidewalk construction is not practicable; and 4) full compliance with all municipal codes and ordinances, including but not limited to landscaping and tree plantings.

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; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
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 LOCATED ON THE EAST SIDE OF WESLEY AVENUE, 400’+ SOUTH OF AIRPORT BOULEVARD, EXTENDING TO THE WEST SIDE OF HENCKLEY AVENUE, FROM R-1 TO R-2 (DISTRICT 6) (APPLICANT: B. C. DANIELS, INC.). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 41-551-2009

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 with the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

NOTICE OF HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on Wednesday, the 29th day of September, 2009, at 10:30 a.m. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 1st day of September, 2009.

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

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

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

LOTS 8, 9, 10, 11, 14 AND 15, BLOCK 12, PINEHURST SUBDIVISION, AS SHOWN BY MAP OR PLAT THEREOF RECORDED AT DEEDBOOK 138, PAGE 118, PROBATE RECORDS, MOBILE COUNTY, ALABAMA
The classification of said property is hereby changed from R-1, Single-Family Residential District, to R-2, Two-Family Residential 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 R-2, Two-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 R-2, Two-Family Residential District, until all of the conditions set forth below have been complied with: 1) completion of the Subdivision process; and 2) rezoning limited to an approved Planned Unit Development.

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; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved its adoption, which motion was seconded by Councilmember Hudson, and the vote was as follows:

Ayes: Richardson, Carroll, Johnson, Williams, Hudson, Gregory, Copeland
Nays: None

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

ANNOUNCEMENTS:

Council President Copeland noted he will announce the public hearing for next year’s budget when the date has been set.

Councilmember Hudson stated the City Council’s Finance Committee will meet on Tuesday, September 15, 2009, at 2:00 p.m. in the 9th floor Council conference room to discuss the Mayor’s recommended budget.

Councilmember Richardson repeated his commendation for the citizens in District 1 for their turn out in the Municipal Election.

Council President Copeland gladly announced that his new granddaughter is being delivered tomorrow morning on his late wife Betty’s birthday.

Councilmember Williams reported he recently attended the Mobile Cares event at the Mobile Infirmary where he learned about the Mobile Police Department’s program to inform senior citizens of scams. Councilmember Williams invited any organization interested in this information to contact the police department or their Councilmember.

Councilmember Williams announced that the Planning Commission will meet on Thursday, September 3, 2009, at 2:00 p.m. to discuss the rezoning requirements in the newly annexed Theodore-Tillman’s Corner area.

The Presiding Officer adjourned the meeting at 11:47 a.m.

Approved: September 22, 2009


_____________________________
COUNCIL PRESIDENT

_____________________________CITY CLERK

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