CITY COUNCIL MEETINGS: Minutes and Agendas

 Subscribe to RSS Feed - Council Agendas

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 08, 2009

MUNICIPAL BUILDING, MOBILE, ALABAMA, SEPTEMBER 8, 2009

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza, Tuesday, September 8, 2009, at 9:00 a.m.

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

Absent: Johnson, Williams

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 8, 2009

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza, Tuesday, September 8, 2009, at 10:30 a.m., in regular meeting.

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

Senior Elder Shirley Pettaway, Word of God Church, Inc., 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.

APPROVAL OF MINUTES:

The Minutes of August 18, 2009, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Jones introduced Dr. Ted Catranis and Tony Bondora of the Alabama Baby Coalition and read a proclamation declaring September, 2009, as “Infant Mortality 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 appeal of Greg Dreaper (held over from August 18, 2009) of the denial of the Architectural Review Board to allow vinyl windows at 1562 Blair Avenue (District 2) was withdrawn by the applicant.

(2) The Council considered the request of Lisa Patton, 2707 Dauphin Island Parkway, for a waiver of the Noise Ordinance on September 26, 2009, from 7:00 p.m. until 11:00 p.m. (District 3).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 waiver granted.

(3) The Council considered the request of Theresa S. Saad, 3910 Point Road, for a waiver of the Noise Ordinance on October 10, 2009, from 6:00 p.m. until 11:00 p.m. (District 4).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 waiver granted.

(4) The Council considered the request of Caroline Mamuscia, 4031 Airport Boulevard, for a waiver of the Noise Ordinance on October 17, 2009, from 11:00 a.m. until 3:00 p.m. (District 5).

There being no objections, Councilmember Richardson moved that the waiver be granted, 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 waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF AN ALLEY BETWEEN CONCEPTION AND ST. EMANUEL STREETS (DISTRICT 2) (APPLICANTS: NORTHERN GULF, INC. AND ANGELA AND WILLIAM P. GREEN, JR.). The Presiding Officer announced that today was the day for the public hearing to consider the vacation of a portion of an alley between Conception and St. Emanuel Streets and asked if there was anyone present to speak for or against this matter. Brandon Hughey, the attorney for the applicants, stated he was present.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

(A) AGENDA ITEMS:

None

(B) NON-AGENDA ITEMS:

(1) Pastor David Richie, Gulf Coast Christian Center, appeared before the Council and introduced John Manwell and Dr. Tani - two pastors who were visiting Mobile from Liverpool, England. The pastors presented their vision to unite the Christian community through compassionate acts and music.

(2) Irene Antone, 2202 Clinton Street, addressed the Council with concerns about people’s indecent attire in Mobile. Ms. Antone also made a request for a bike trail.

ORDINANCES HELD OVER:

AMEND SECTION 64-9 OF THE CITY CODE TO APPROVE A TEMPORARY SUSPENSION OF CERTAIN REQUIREMENTS FOR REZONING APPLICATIONS RELATED TO PARCELS IN THE TILLMAN’S CORNER-THEODORE AREA. The following ordinance which was introduced and read at the regular meeting of Tuesday, August 4, 2009, and which was laid over to the regular meeting of Tuesday, August 11, 2009, and which was further laid over to the regular meeting of Tuesday, September 8, 2009, was called up by the Presiding Officer.

ORDINANCE 64-035-2009

Sponsored by: Councilmember Williams
WHEREAS, by Ordinance 64 - 031, adopted by the City Council on July 7, 2009, the City Council undertook to zone, by parcel number, certain properties located in the Tillman’s Corner - Theodore Area that recently annexed into the City of Mobile; and,

WHEREAS, those properties had not heretofore been subject to any zoning by the City of Mobile prior to the adoption of Ordinance 64 - 031; and,

WHEREAS, one of the purposes of Ordinance 64 - 031 is to promote the health and general welfare of the citizens of Mobile by encouraging the most appropriate use of land according to the peculiar suitability of the land for particular purposes; and,

WHEREAS, the Council desires to allow owners of property subject to zoning by Ordinance 64 - 031 time to seek rezoning of their properties without having to submit a survey or plot plan as required by Section 64-9, Paragraph B.2 of the Mobile City Code.

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

SECTION ONE: That Section 64-9, Paragraph B, “Amendment Procedure” of the Mobile City Code, is hereby amended to read as follows:

B. Amendment Procedure

1. By whom initiated. Amendments to this chapter may be initiated by the city council on its own motion or by the planning commission; amendments may also be initiated by any person, firm or corporation by filing a written application therefor with the planning commission.

2. Amendment application. An application for amendment to this chapter shall contain at least the following:

a. Interest and ownership. The applicant's name, address and interest in the application, and the name, address and interest of every person, firm or corporation represented by the applicant in the application, the name of the owner or owners of the entire land area to be included within the proposed district, the owner or owners of all structures then existing thereon and sufficient evidence to establish that the applicants have the right of possession to the land area and structures; the names and addresses of all owners of adjacent property.

b. Plot plan. If the proposed amendment would require a change in the zoning map, a plot plan showing the land area which would be affected, easements bounding and intersecting the designated area, the locations of existing and proposed structures with supporting open facilities, and the ground area to be provided and continuously maintained for the proposed structure or structures.

c. Development schedule. The time schedule for the beginning and completion of development planned by the applicant in the area, if the development is planned in stages, the time schedule shall indicate the successive stages and the development planned for each stage.

d. Effect of amendment. A report giving the nature, description, and effect of the proposed amendment; if the proposed amendment would require a change in the zoning map, a description of the probable effect on the surrounding land uses and properties.

e. Error. The error in this chapter that would be corrected by the proposed amendment, if the intent is to correct an error.

f. Owners of surrounding property. If the proposed amendment would require a change in the zoning map, furnish the commission with the name, description of property owned and mailing address of each owner of property which either abuts or lies within three hundred (300) feet of the property the classification of which is sought to be changed.

3. TEMPORARY SUSPENSION OF CERTAIN AMENDMENT PROCEDURES FOR REZONING APPLICATIONS RELATED TO PARCELS IN THE TILLMAN’S CORNER - THEODORE AREA SUBJECT TO ZONING BY ORDINANCE 64-031 ADOPTED BY THE COUNCIL ON JULY 7, 2009. Owners of property subject to zoning by Ordinance 64 - 031 may apply for rezoning of their properties without having to submit a survey or plot plan as required by paragraph 2.b above so long as the application is filed and received on or before the close of business on December 31, 2009. This temporary suspension shall apply only to those parcels of property identified in Ordinance 64-031, and shall apply only to applications filed with and received by the Planning Commission on or before the close of business on December 31, 2009. Applications for zoning ordinance amendments received after December 31, 2009, shall be subject to all requirements of the Ordinance.

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

SECTION THREE: This Ordinance shall be effective upon adoption and publication as required by law.

The resolution was read by the City Clerk; whereupon Councilmember Williams made a motion to table the ordinance, which motion was seconded by Councilmember Richardson. Following comments by Councilmembers Williams and Johnson, and Chief of Staff Al Stokes, with responses from Rick Olsen, Urban Development, and Council Attorney Jim Rossler, the vote to table 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 ordinance tabled.

RESOLUTIONS HELD OVER:

RECOMMEND APPROVAL TO ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (ON/OFF PREMISES) LICENSE FOR DEMENTED NEEDLE, 205 DAUPHIN STREET (DISTRICT 2). The following resolution which was introduced and read at the regular meeting of Tuesday, August 26, 2009, and which was laid over for two (2) weeks to the regular meeting of Tuesday, September 8, 2009, was called up by the Presiding Officer.

RESOLUTION 37-531-2009

Sponsored by: Councilmember Carroll

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
(On/Off Premises)

Submitted by: Demented Needle, LLC

Location: Demented Needle
205 Dauphin Street

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved to consider the resolution, which motion was seconded by Councilmember Copeland. Following comments by Councilmember Carroll requesting denial of the resolution, 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 resolution denied.

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 03-552 through 58-566, 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:

REAPPOINT JOSEPH T. SMITH TO THE GOLF COURSE ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 03-552-2009

Sponsored by: Councilmember Carroll

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Joseph T. Smith is re-appointed to the Golf Course Advisory Committee for a term beginning September 12, 2009, and expiring September 11, 2012.

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 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.

REAPPOINT PRESTON BOLT TO THE MOBILE LIBRARY BOARD. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 03-553-2009

Sponsored by: Councilmember Carroll

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Preston R. Bolt, Jr., is re-appointed to the Mobile Library Board for a term beginning October 1, 2009, and expiring September 30, 2013.

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 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.

APPOINT STANLEY CHASSIN TO THE MOBILE COUNTY FOUNDATION FOR PUBLIC HIGHER EDUCATION. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 03-554-2009

Sponsored by: Councilmember Hudson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Stanley Chassin is appointed to the Mobile County Foundation for Public Higher Education, effective immediately, for a term ending September 30, 2014.

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 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 $2,500.00 FROM COUNCIL GENERAL FUND DISCRETIONARY TO CAPITAL PROJECT #448 TRAFFIC ENGINEERING—STREET TRAFFIC IMPROVEMENTS. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-555-2009

Sponsored by: Mayor Jones and Councilmember Carroll

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $2,500.00 be reallocated from General Fund account line item #100.004.41780 General Fund.City Council.Unclassified Expenses to Capital Project #448 Traffic Engineering-Street Traffic Improvements.

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.

REALLOCATE $45,000.00 FROM COUNCIL GENERAL FUND DISCRETIONARY TO CAPITAL PROJECT - MEDAL OF HONOR PARK FOR A CONCERT PAVILION. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 09-556-2009

Sponsored by: Mayor Jones and Councilmember Hudson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $45,000.00 be reallocated from General Fund account line item #100.004.41780 General Fund.City Council.Unclassified Expenses to Capital Project Parks-Medal of Honor Park for a Concert Pavilion.

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. Following comments by Councilmember Hudson, 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 ASPHALT SERVICES, INC., FOR INTERSECTION IMPROVEMENTS AT OLD SHELL ROAD AND MCGREGOR AVENUE, ADD $10,647.29. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 13-557-2009

Sponsored by: Mayor Jones and Councilmember Gregory

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 change order, by and between the City of Mobile and the company listed below, for work as outlined in the change order attached hereto and made a part hereof as set forth in full, subject to the company signing the change order and furnishing the required bonds and insurance. A copy of said executed change order will be on file in the office of the City Clerk.

Name of Company: Asphalt Services, Inc.
Project Name: Intersection Improvements at Old Shell Road
and McGregor Avenue
Estimated Cost: $10,647.29

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. Following comments by Councilmember Gregory, 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 PEAVY CONSTRUCTION CO., FOR HILLSDALE HEIGHTS SIDEWALK CONSTRUCTION, ADD $31,686.46. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 13-558-2009

Sponsored by: Mayor Jones and Councilmember Gregory

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 change order, by and between the City of Mobile and the company listed below, for work as outlined in the change order attached hereto and made a part hereof as set forth in full, subject to the company signing the change order and furnishing the required bonds and insurance. A copy of said executed change order will be on file in the office of the City Clerk.

Name of Company: Peavy Construction Co.
Project Name: Hillsdale Heights Sidewalk Construction
Estimated Cost: $31,686.46

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. Following comments by Councilmember Gregory, 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 GULF SERVICES CONTRACTING, INC., FOR LEAD ABATEMENT AT SAGE ARMORY, $41,237.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-559-2009

Sponsored by: Mayor Jones

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, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the Office of the City Clerk.

Name of Company: Gulf Services Contracting, Inc.

Project Name: Sage Armory Lead-Based Paint Abatement

Estimated Cost: $41,237.00

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.

AUTHORIZE CONTRACT WITH SHAUN L. WILSON TO PROVIDE BUILDING SURVEY FOR THE OAKDALE AND AFRICATOWN HISTORIC DISTRICTS FOR INCLUSION ON THE CITY’S WEBSITE, $30,000.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-560-2009

Sponsored by: Mayor Jones and Councilmembers Carroll and Johnson

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 professional services contract, by and between the City of Mobile and Shaun L. Wilson in the amount of $30,000.00 to provide building survey for the Oakdale and Africatown historic districts and include both on the City’s historic properties website, 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 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 MAYOR TO FILE WITH THE ALABAMA HISTORICAL COMMISSION A GRANT APPLICATION TO PROVIDE BUILDING SURVEY AND PHOTOGRAPH THE AREA ENCOMPASSING THE OAKDALE AND AFRICATOWN HISTORIC DISTRICTS FOR INCLUSION ON THE CITY’S WEBSITE, $10,000.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 31-561-2009

Sponsored by: Mayor Jones and Councilmembers Carroll and Johnson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor is hereby authorized to file with the Alabama Historical Commission a grant application for financial assistance in the amount of $10,000.00 to provide building survey and photograph the area encompassing the Oakdale and Africatown historic districts for inclusion on the City’s website.

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 Alabama Historical Commission or any state agency. A copy 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 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 MAYOR TO FILE WITH THE ALABAMA HISTORICAL COMMISSION A GRANT APPLICATION TO PROVIDE PHOTOGRAPHS AND ARCHITECTURAL DESCRIPTIONS FOR THE AREA ENCOMPASSING THE OAKDALE AND AFRICATOWN HISTORIC DISTRICTS, $5,000.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 31-562-2009

Sponsored by: Mayor Jones and Councilmembers Carroll and Johnson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor is hereby authorized to file with the Alabama Historical Commission a grant application for financial assistance in the amount of $5,000.00 to provide photographs and architectural descriptions for the area encompassing the Oakdale and Africatown historic districts.

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 Alabama Historical Commission or any state agency. A copy 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 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.

ACCEPT STREETS FOR CONTINUOUS MAINTENANCE IN THE LEGENDS AT MAGNOLIA GROVE UNIT TWO, NORTH: LEGENDS ROW, NICKLAUS DRIVE EAST, AND NICKLAUS DRIVE NORTH. The following resolution was introduced by Councilmember Gregory.

RESOLUTION 45-563-2009

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE MOBILE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that street described as follows:

Those streets in “The Legends at Magnolia Grove Unit Two, North.”
Said streets being named “Legends Row,” “Nicklaus Drive East,”
and “Nicklaus Drive North,”

are hereby accepted by the City of Mobile and that the street and drainage facilities as constructed have been dedicated to, approved by, and accepted for continuous maintenance by the City of Mobile.

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.

ASSENT TO THE VACATION OF A PORTION OF AN ALLEY BETWEEN CONCEPTION AND ST. EMANUEL STREETS (DISTRICT 2) (APPLICANTS: NORTHERN GULF, INC. AND ANGELA AND WILLIAM P. GREEN, JR.). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 47-564-2009

WHEREAS, Northern Gulf, Inc., an Alabama corporation, and William P. Green, Jr. and Angela Green, a married couple (collectively, the “Owners”), are the owners and holders of interest in all of the land abutting each side of the hereinafter described portions of right-of-way for public alley located in the City of Mobile, County of Mobile, State of Alabama, to wit:

Those portions of an unnamed right of way (the “Right-of-Way”) as are bordered and abutted by Tax Parcels R022910380006035 (“Parcel 35”), R02291038006033 (“Parcel 33”), R02291038006016 (“Parcel 16”), R02291038006015 (“Parcel 15”), and R02291038006014 (“Parcel 14”).

The Right-of-Way is depicted on a plat that is attached to this Resolution as Exhibit “A”. This property is generally described as all of those portions of the 13-foot alley as are bordered and abutted by Parcels 35, 33, 16, 15, and 14.

WHEREAS, Paul Williams, as President of Northern Gulf, Inc., petitioned the City Council of Mobile, State of Alabama, to assent to the vacation and closing by it as abutting property owners of the unused public alley described in the foregoing recital hereof; and

WHEREAS, said vacation will not deprive any other property owners of such right as they may have to convenient and reasonable means of ingress and egress to and from their property, and no other property owner will be adversely affected by such vacation.

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

1. That the City of Mobile does hereby express and evidence its assent to the vacation of those portions of the right-of-way for public alley described as follows:

Those portions of an unnamed right of way (the “Right-of-Way”) as are bordered and abutted by Tax Parcels R022910380006035 (“Parcel 35”), R02291038006033 (“Parcel 33”), R02291038006016 (“Parcel 16”), R02291038006015 (“Parcel 15”), and R02291038006014 (“Parcel 14”).

The Right-of-Way is depicted on a plat that is attached to this Resolution as Exhibit “A”. This property is generally described as all of those portions of the 13-foot alley as are bordered and abutted by Parcels 35, 33, 16, 15, and 14.

Provided that the procedure of vacation shall be in strict compliance with the law and subject to the following condition:

a. That the declaration of vacation and the resolution assenting to the vacation of said portions of said right-of-way, upon adoption by the Mobile City Council, be recorded in the real property records located in the Office of the Judge of Probate of Mobile County, Alabama, and a certified copy of the resolution shall be immediately delivered to the Mobile County Tax Assessor’s Plat Room so that this property may be reassessed in the names of the new owners.

The City Clerk of the City of Mobile, Alabama is hereby authorized, empowered, and directed to certify true and correct copies of this resolution and attach such certified copies to the written declaration of the vacation of the aforesaid portions of the right-of-way for public alley and to deliver said documents to the owners of the real property abutting said portions of the right-of-way hereby vacated.

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 Williams, 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.

STATE OF ALABAMA )
COUNTY OF MOBILE )

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Resolution No. 47-564 Series 2009, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on , 2009.
IN WITNESS WHEREOF, I have hereunto set my hand on this day of , 2009.

________________________
City Clerk

AUTHORIZE REMOVAL OF WEEDS, GROUP #1411. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-565-2009

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 20 described in the resolution, adopted on the 21st 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 20 as described in the resolution adopted on the 21st 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. 1411, 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 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.

AUTHORIZE REMOVAL OF WEEDS, GROUP #1412. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 58-566-2009

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 20 described in the resolution, adopted on the 21st 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 20 as described in the resolution adopted on the 21st 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. 1412, 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 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 HEARINGS:

CALL FOR PUBLIC HEARING TO CONSIDER THE APPLICATION OF DEBRA LEA GROTH FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A TAXICAB SERVICE. The following resolution was introduced by Councilmember Copeland.

RESOLUTION 41-567-2009

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

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

Notice is hereby given that the City Council of Mobile, Alabama, proposes to consider the granting of a Certificate of Public Convenience and Necessity to Debra Lea Groth to operate a taxi service in the City of Mobile. The adoption of such Certificate will be considered by the City Council in the Auditorium of the Mobile Government Plaza located at 205 Government Street, Mobile, Alabama, on Tuesday, the 22nd 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 proposed resolution.

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 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.

ANNOUNCEMENTS:

Lisa Lambert, City Clerk, announced the public hearing to consider adoption of the 2009-2010 budget for the City of Mobile will be held on Tuesday, September 22, 2009.

Councilmember Williams displayed artwork by students at Dodge Elementary School in recognition of their involvement in the restoration program for the U.S.S. Alabama.

Councilmember Williams made a statement regarding the annexation of the Theodore – Tillman’s Corner area regarding the notification process for rezoning the area.

Council President Copeland congratulated the University of South Alabama on winning last weekend’s inaugural football game. Council President Copeland also thanked USA student Jennifer Edwards for starting the petition to begin a football program at USA.

Councilmember Richardson also congratulated the University of South Alabama on their win and wished them continued success in their football program.

Councilmember Richardson announced he will hold a community meeting at the Dotch Community Center on Thursday, September 24, 2009.

Councilmember Hudson expressed her appreciation to the students, the administration, the staff, and the PTA at Dodge Elementary School for their involvement in the restoration and maintenance project for the U.S.S. Alabama.

Councilmember Gregory noted there will be a fundraiser next Monday, September 14, 2009, at True Restaurant in Legacy Village. This event is to raise money for the tower clock to be installed at Old Shell Road and McGregor Avenue.

Councilmember Gregory extended birthday wishes to Councilmember Richardson who celebrated his birthday on September 4th.

The Presiding Officer adjourned the meeting at 11:41 a.m.

Approved: September 22, 2009

_____________________________
COUNCIL PRESIDENT

_____________________________
CITY CLERK

Search: