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 May 19, 2010

MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 19, 2010

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Wednesday, May 19, 2010, at 9:00 a.m.

Present:
Chairman: Copeland
Councilmembers: Richardson, Carroll, Burrell, Williams, Hudson, Gregory
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: June 1, 2010

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK

MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 19, 2010

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Wednesday, May 19, 2010, at 10:30 a.m., in regular meeting.

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

Pastor Kevin Cooley, Harvest Church, offered the invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chairman: Copeland
Councilmembers: Richardson, Carroll, Burrell, 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 April 27, 2010, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Graduates of the Mobile Police and Fire Rescue Citizens Academy were recognized at today’s Council meeting. Rebecca Craft, the President of the Academy’s Alumni Association addressed the Council.

Mayor Jones presented a proclamation to Kenneth Hires, City of Mobile Public Works Assistant Superintendent, denoting the week of May 16-22, 2010, as “Public Works Week” in the City of Mobile.

Mayor Jones presented Councilmembers with information packets concerning the schedule for the Performance Contracts and the review process.

NEW COMMITTEE ASSIGNMENTS:

The Council President assigned the proposed ordinances regarding parking in City parks (41-012 and 01-013) to the Public Safety Committee.

MONTHLY FINANCE REPORT:

Barbara Malkove, the Executive Director of Finance, gave the following report:

“May 19, 2010

Revenues (not including transfers) for the period ended May 30th were under budget by $4.7M. Sales and use taxes continue to be under budget and are now $3.6M under, the same as last month. Business licenses collected this month brought the loss to approximately $648,000 less than 2009 collections and under budget by $919K. It appears we have leveled off our revenue decreases. We will be able to tell more when the May statements are available in June.

Departmental expenditures (not including transfers) are over budget by $1.4M. All departments continue to be diligent to monitor all costs – operating and capital. Total expenditures are over budget by $1.18M.

Budget including transfers in and out:

Under budget revenues and transfers ($4,965,334)
Over budget expenditures and transfers ( 176,411)
Total budget deficit to date ( $5,141,745)

Add this to the deficit carryforward and the estimated attrition loss and we continue to be in a serious financial situation despite the freeze on personnel hiring and promotions and limited purchasing to emergency type items.”

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, Burrell, 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 request of Jacqueline Porter, 713 South Warren Street, for a Waiver of the Noise Ordinance on May 29, 2010, from 5:00 p.m. until 10:00 p.m. (District 2).

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, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

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

(2) The Council considered the request of Latosha Graves, 2502 McLaughlin Drive, for a Waiver of the Noise Ordinance on May 21, 2010, 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 Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, 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 Latosha Graves, 2502 McLaughlin Drive, for a Waiver of the Noise Ordinance on June 19, 2010, from 3:00 p.m. until 10:00 p.m. (District 4).

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, Burrell, 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 Latosha Graves, 2502 McLaughlin Drive, for a Waiver of the Noise Ordinance on July 23, 2010, 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 Gregory, and the vote was as follows:

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

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

(5) The Council considered the request of Gwendolyn Hall for a Waiver of the Noise Ordinance on May 29, 2010, from 5:00 p.m. until 10:00 p.m., at Golden Flames, 7060 Three Notch Road (District 4).

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, Burrell, 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 Steve Sheridan, 201 Ridgewood Place, for a Waiver of the Noise Ordinance on June 4, 2010, from 7:00 p.m. until 11:00 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, Burrell, 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 Clinton Johnson, Jr., for a Waiver of the Noise Ordinance on May 21, 2010, from 7:00 p.m. until 11:00 p.m., at the Bragg-Mitchell Mansion, 1906 Springhill Avenue (District 1).

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, Burrell, 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 REZONE PROPERTY LOCATED AT 5890 RANGELINE ROAD (SOUTHWEST CORNER OF RANGELINE SERVICE ROAD AND RABBIT CREEK DRIVE) FROM B-5 TO I-1 TO ALLOW A REFRIGERATION SERVICE AND SUPPLY COMPANY (DISTRICT 4) (APPLICANT: THOMPSON PROPERTIES). The Presiding Officer announced that today was the day for the public hearing to rezone property located at 5890 Rangeline Road (southwest corner of Rangeline Service Road and Rabbit Creek Drive) from B-5 to I-1 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 PROPERTY LOCATED AT 2106 EDWARDS AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 1). The Presiding Officer announced that today was the day for the public hearing to determine if the property located at 2106 Edwards Avenue 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 PROPERTY LOCATED AT 1325 SPRINGHILL AVENUE 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 property located at 1325 Springhill Avenue 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 PROPERTY LOCATED AT 1258 ARLINGTON 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 property located at 1258 Arlington 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 PROPERTY LOCATED AT 859 GAYLE 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 property located at 859 Gayle 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 PROPERTY LOCATED AT 1105 MARINE 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 property located at 1105 Marine 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 PROPERTY LOCATED AT 1106 MARINE 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 property located at 1106 Marine 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 PROPERTY LOCATED AT 1571 PLOVER 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 property located at 1571 Plover 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 PROPERTY LOCATED AT 1712 BREAM DRIVE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 4). The Presiding Officer announced that today was the day for the public hearing to determine if the property located at 1712 Bream 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. 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 PROPERTY LOCATED AT 717 HOLCOMBE AVENUE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 5). The Presiding Officer announced that today was the day for the public hearing to determine if the property located at 717 Holcombe Avenue 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 PROPERTY LOCATED AT 1212 BARKER DRIVE EAST 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 property located at 1212 Barker 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. 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.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

(A) AGENDA ITEMS:

None

(B) NON-AGENDA ITEMS:

None

RESOLUTIONS HELD OVER:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A CLUB LIQUOR CLASS II (CLUB) LICENSE FOR SHAKY JAKES ROCKIN COUNTRY, 3679 AIRPORT BOULEVARD, SUITE A (DISTRICT 5). The following resolution which was introduced and read at the regular meeting of Tuesday, May 11, 2010, and which was laid over to the regular meeting of Wednesday, May 19, 2010, was called up by the Presiding Officer.

RESOLUTION 37-209-2010

Sponsored by: Councilmember Copeland

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: Club Liquor Class II
(Club)

Submitted by: Q & A, Incorporated


Location: Shaky Jakes Rockin Country
3679 Airport Boulevard, Suite A

The resolution was read by the City Clerk; whereupon Councilmember Copeland moved its adoption, which motion was seconded by Councilmember Gregory. Following comments by Councilmember Copeland, the vote was as follows:

Ayes: Richardson, Carroll, Burrell, Williams, Hudson, Gregory, Copeland
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 FIRST TIME.

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Ordinances 41-012 through 64-014, with the exception of 41-012 and 01-013, which motion was seconded by Councilmember Hudson, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for all items, with the exception of 41-012 and 01-013, which would be laid over according to procedure.

ORDINANCES BEING INTRODUCED:

AMEND SECTION 41-6 OF THE CITY CODE PERTAINING TO THE OPERATION AND PARKING OF VEHICLES IN CITY PARKS. The following ordinance was laid over for one (1) week to the regular meeting of Tuesday, May 25, 2010.

ORDINANCE 41-012-2010

Sponsored by: Councilmember Richardson

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

SECTION ONE: That section 41-6 of the Mobile City Code is hereby amended so that said section now reads in its entirety as follows:

Section 41-6. Vehicles.

(A). Automobiles, motorcycles and other vehicles shall not be operated in any public park of the city except on streets or roadways maintained therein for such purpose.

(B). No person shall stop, stand or park any vehicle on the grass in any public park.

(C). The city traffic engineer and the parks department are hereby authorized to erect signs indicating no parking in any area of a public park. When official signs prohibiting parking are erected as authorized herein, no person shall stop, stand or park a vehicle in any area in violation of any such sign.

(D). Any person judged to be in violation of this section shall be punished as provided in Chapter 1, Article II, of the City Code.

(E). Presumption concerning owner. During any prosecution charging a violation of this section, proof that the particular vehicle described in the complaint parked in violation of this section, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

(F). Citation; impoundment. If a traffic citation is issued and placed on a vehicle parked in violation of this section, the officer placing the citation shall attempt to notify the registered owner of the vehicle of the violation and ask such owner to move the vehicle. If the vehicle is not moved within forty-eight (48) hours of the issuance of the citation, then the Mobile Police Department is hereby authorized to tow away and impound the vehicle. Every effort shall be made to notify the registered owner of said vehicle of such action. If the vehicle presents a bona fide hazard to vehicular or pedestrian traffic, or if such unlawful parking is causing or is likely to cause property damage to sidewalks or other property, or if such unlawful parking is causing or is likely to cause interference with the use of the park, then the vehicle may be towed by the Mobile Police Department without regard to the forty-eight-hour provisions above.

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

AMEND SECTION 1-32 OF THE CITY CODE TO PROVIDE FINES FOR VIOLATIONS OF SECTION 41-6. The following ordinance was laid over for one (1) week to the regular meeting of Tuesday, May 25, 2010.

ORDINANCE 01-013-2010

Sponsored by: Councilmember Richardson

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

SECTION ONE: Section 1-32 of the Mobile City Code, schedule of fines, is hereby amended so as to provide that the fine for violations of section 41-6 of the City Code, as amended, shall be $70.00.

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

REZONE PROPERTY LOCATED AT 5890 RANGELINE ROAD (SOUTHWEST CORNER OF RANGELINE SERVICE ROAD AND RABBIT CREEK DRIVE) FROM B-5 TO I-1 (DISTRICT 4) (APPLICANT: THOMPSON PROPERTIES). The following ordinance was introduced by Councilmember Williams.

ORDINANCE 64-014-2010

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 1 AND 2, RANGE LINE – HAMILTON INDUSTRIAL PARK

The classification of said property is hereby changed from B-5, Office Distribution District, to I-1, Light Industry 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 I-1, Light Industry 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 I-1, Light Industry District, until all of the conditions set forth below have been complied with: 1) future development to fully comply with local, state, and federal regulations relating to threatened and endangered species, wetlands and floodplains prior to the issuance of any permits or land disturbance activities; 2) future development to comply with frontage tree requirement of Section 64-4.E.3 of the Zoning Ordinance; 3) future development to comply with Engineering comments: (Lot is partially located in the X-Shaded and AE Flood Zone as determined by scaling from FIRM. There is to be no fill placed within the limits of the flood plain without providing compensation. Need to label the minimum FFE on the plat and on any construction plans. Must comply with all stormwater and flood control ordinances. Any work performed in the right-of-way will require a right-of-way permit); and, 4) future development to comply with all municipal codes and ordinances, including trees, landscaping, parking, and buffering.

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

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

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

STATE OF ALABAMA )
COUNTY OF MOBILE )

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-014, Series 2010, was published in the Mobile Record, a newspaper of general circulation in the City and County of Mobile, Alabama, on

IN WITNESS WHEREOF, I have hereunto set my hand on this day of


__________________________
City Clerk

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 21-195 through 60-210, which motion was seconded by Councilmember Hudson, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for all items.

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH JOLLY ROOFING COMPANY TO REPLACE ROOF AT EQUIPMENT SERVICES CONSTRUCTION SHOP, 770 GAYLE STREET, $47,139.00. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 21-195-2010

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, 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: Jolly Roofing Company

Project Name: Equipment Services Construction Equipment
Shop – Roof Replacement

Project Number: EQ-025-10

Amount: $47,139.00

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, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

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

AUTHORIZE APPLICATION TO THE U. S. DEPARTMENT OF HOMELAND SECURITY OFFICE OF DOMESTIC PREPAREDNESS FOR A GRANT UNDER THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM AND A GRANT UNDER THE FIRE PREVENTION AND SAFETY PROGRAM. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 31-196-2010

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF MOBILE, ALABAMA, that the Fire Chief of the Mobile Fire-Rescue Department is authorized to make application to the United States Department of Homeland Security Office of Domestic Preparedness, for approval of one (1) grant under the Assistance to Firefighters Grant Program and one (1) grant under the Fire Prevention and Safety Program.

BE IT FURTHER RESOLVED that the Mobile City Council commits to provide 20% matching funds if said grants are awarded to the Mobile Fire-Rescue Department.

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, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

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

AUTHORIZE APPLICATION TO THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR A 2010 STAFFING ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 31-197-2010

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Fire Chief of the Mobile Fire Rescue Department is authorized to make application to the U. S. Department of Homeland Security for approval of one (1) grant under the 2010 Staffing Adequate Fire and Emergency Response (SAFER) Grant.

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, Burrell, Williams, Hudson, Gregory, Copeland
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 PARTY GRA BAR AND GRILL, 3211 SPRINGHILL AVENUE (DISTRICT 1). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 37-198-2010

Sponsored by: Councilmember Richardson

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

Submitted by: Roc Roc, LLC

Location: Party Gra Bar and Grill
3211 Springhill Avenue

The resolution was read by the City Clerk; and unanimous consent for its immediate consideration being granted, Councilmember Richardson moved to table, which motion was seconded by Councilmember Hudson. Following comments by Councilmember Richardson, the vote was as follows:

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR RACEWAY #6709, 5455 U. S. HIGHWAY 90 WEST (DISTRICT 4). The following resolution was introduced by Councilmember Williams.

RESOLUTION 37-199-2010

Sponsored by: Councilmember Williams

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)

Submitted by: Shantubhai Patel and Chandan Patel
(Partnership)

Location: Raceway #6709
5455 U.S. Highway 90 W

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

Ayes: Richardson, Carroll, Burrell, 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 STRUCTURE AT 2106 EDWARDS AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 1). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-200-2010

Sponsored by: Councilmember Richardson

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 2106 Edwards Avenue 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 2106 Edwards Avenue described as:

LOT 15 BLK 2 MICHAEL WALL PLACE MBK 4 P 493 #SEC 41 T4S R1W #MP29 07 41 0 004

Parcel # 02-29-07-42-00-04-031

Last Assessed to: Mrs. Donnie Jones
c/o Wanda Pettaway-Boggs
2106 Edwards Avenue
Mobile, AL 36617

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; 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, Burrell, 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 STRUCTURE AT 1325 SPRINGHILL AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-201-2010

Sponsored by: Councilmember Carroll

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1325 Springhill Avenue 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 1325 Springhill Avenue described as:

COMG AT A PT AT SE COR OF SPRINGHILL AVENUE & JULIA STREET RUN ELY ALG S R/W/L OF SPRINGHILL AVENUE 50 FT TO POB TH RUN S 171 FT M/L TO A PT TH RUN E 50 FT TO A PT TH RUN N 171 FT M/L TO S ROW OF SPRINGHILL AVENUE TH RUN W ALG S R/W/L OF SPRINGHILL AVENUE 50 FT TO POB #SEC 40 T4S R1W #MP29 06 40 0 007

Parcel # 02-29-06-40-00-07-285

Last Assessed to: Nathaniel Gibbs, Sr.
c/o Lands Investments
1956-J University Blvd. S.
Mobile, AL 36609

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; 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, Burrell, 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 STRUCTURE AT 1258 ARLINGTON STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-202-2010

Sponsored by: Councilmember Burrell

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1258 Arlington 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 1258 Arlington Street described as:

LOTS 1 & 2 SQR 1 BASCOMBE TRT EXC N 16 FT(S) DBK 128 PG 1 EXCEPT HOWEVER THAT PORTION OF TH ABV DESC PPTY HERETOFORE CONVEYED TO OTIS M WARD & WIFE DBK 627 NS PG 444 #SEC 34 T4S R1W #MP29 11 34 2 000

Parcel # 02-29-11-34-20-00-051

Last Assessed to: Ali K. Mohammad
2287 Long Spur Lane
League City, TX 77573

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; 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, Burrell, 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 STRUCTURE AT 859 GAYLE STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-203-2010

Sponsored by: Councilmember Burrell

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 859 Gayle 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 859 Gayle Street described as:

LOT 9 BLK 9 WILSONS 2ND ADD DBK 80 P 190 GRT SEC 37 T4S R1W #SEC 37 T4S R1W #MP29 10 37 0 007

Parcel # 02-29-10-37-00-07-017

Last Assessed to: Paulette Pettaway
859 Gayle Street
Mobile, AL 36604

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; 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, Burrell, 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 STRUCTURE AT 1105 MARINE STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-204-2010

Sponsored by: Councilmember Burrell

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1105 Marine 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 1105 Marine Street described as:

PCL 1: THAT CERTAIN LOT OF LAND BEG AT PT ON E/S OF MARINE ST 100 FT N OF NE COR OF MARINE & EASTON STS & RUN TH NLY ALG E/S OF MARINE ST FOR 50 FT FOR A FRT TH RUN ELY & PAR OR NEARLY SO WITH EASTON ST 154 FT TO PT FOR A DEPTH ON N/S OF SD LOT TH RUN IN A SWLY DIR 50 FT TO PT WHICH PT IS 145 FT E OF E/S OF MARINE ST TH RUN WLY & PAR OR NEARLY SO WITH EASTON ST 145 FT TO E/S OF MARINE ST & POB BEING LOT MARKED G ACC TO MAP OR PLAT MADE BY LOUIS R BART COUNTY SURVEYOR WHICH MAP IS REC DBK 137 N S PG 269 OF THE RECS IN THE OFC OF THE JUDGE OF PROBATE MOBILE CO AL #SEC 37 T4S R1W Emp29 10 37 0 007

Parcel # 02-29-10-37-00-07-167

Last Assessed to: Johnnie Bernard Barron
1/3 Interest, Christian Norman Robinson
P. O. Box 2021
Mobile, AL 36652

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; 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, Burrell, 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 STRUCTURE AT 1106 MARINE STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-205-2010

Sponsored by: Councilmember Burrell

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1106 Marine 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 1106 Marine Street described as:

PCL 2: LOT 2 IN BLK 1 OF WILSON’S 1ST ADDN ACC TO MAP OF SD ADDN IN OFC OF TH JUDGE OF PROBATE MOBILE CO AL REC BK 73 N S PP 170-171 SD LOT HAVING A FRONT ON MARINE ST OF 52 FT WITH THE SAME WIDTH IN REAR AS IN FRONT & RUNNING BACK IN A WLY DIR &PAR WITH SENECA ST 150 FT AS ITS DEPTH #SEC 37 T4S R1W #MP29 10 37 0 007

Parcel # 02-29-10-37-00-07-302

Last Assessed to: Johnnie Bernard Barron
1/3 Interest, Lands Investments
1956-J University Blvd. S.
Mobile, AL 36609

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; 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, Burrell, 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 STRUCTURE AT 1571 PLOVER STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-206-2010

Sponsored by: Councilmember Burrell

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1571 Plover 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 1571 Plover Street described as:

LOT 48 COLGIN ADD TO OAKDALE DBK 115 P 361 #SEC 28 T4S R1W #MP29 10 28 4 005

Parcel # 02-29-10-28-40-05-069

Last Assessed to: Dorothy Jean Taylor Curry
c/o Charlene Curry
3613 E. Forge Road
Davie, FL 33328

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; 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, Burrell, 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 STRUCTURE AT 1712 BREAM DRIVE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 4). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-207-2010

Sponsored by: Councilmember Williams

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1712 Bream 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 1712 Bream Drive described as:

LOT 108 GULF MANOR 1ST ADD MBK 8 P 159 #SEC 36 T5S R1W #MP32 03 36 0 004

Parcel # 02-32-03-36-00-04-058

Last Assessed to: Wachovia-Collection Agent/Sass Muni IV
1185 Avenue of the Americas
18th Floor
New York, NY 10036

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; 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, Burrell, 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 STRUCTURE AT 717 HOLCOMBE AVENUE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 5). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-208-2010

Sponsored by: Councilmember Copeland

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 717 Holcombe Avenue 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 717 Holcombe Avenue described as:

LOT 9 BLK 22 BON AIR ESTATE S, DBK 156 P 374 #SEC 29 T4S R1W #MP29 09 29 4 003

Parcel # 02-29-09-29040-03-015

Last Assessed to: Foreign Auto Parts of Mobile, Inc.
713 Holcombe Avenue
Mobile, AL 36606

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; 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, Burrell, 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 STRUCTURE AT 1212 BARKER DRIVE EAST A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 7). The following resolution was introduced by Councilmember Richardson.

RESOLUTION 40-209-2010

Sponsored by: Councilmember Gregory

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1212 Barker Drive East 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 1212 Barker Drive East described as:

LOT 30 WEST PARK MANOR MBK 10 P 263 (BARKER RD) #SEC 08 T4S R2W #MP28 03 08 1 003

Parcel # 02-28-03-08-10-03-031

Last Assessed to: Lakeshia Joiner
c/o Heartwood 88 LLC
P. O. Box 5707
Ft. Lauderdale, FL 33310

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; 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, Burrell, Williams, Hudson, Gregory, Copeland
Nays: None

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

AUTHORIZE ZERO ACCIDENT PROGRAM (ZAP) AWARDS FOR APRIL, 2010. The following resolution was introduced by Councilmember Hudson.

RESOLUTION 60-210-2010

Sponsored by: Mayor Jones

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Council join together through the City of Mobile’s Zero Accident Program (ZAP) to authorize City supervisors to extend awards, pursuant to Section 11-40-22 Code of Alabama 1975, to the selected employees on the attached list who incurred no disqualifying events as outlined in the professional services contract with Comp Management Associates, Inc.

These employees are to be commended for serving as role models to their peers on safe work habits and work performance which contributes to reducing the City’s operational costs associated with worker’s compensation claims and damage to city assets.

April 2010 ZAP Award Winners

Doris Biggs
William Bush
Sean Clark
Reginald Raley
Leonard Roberson
Kenny Smith
Donnie Thompson
George Watts
Cale Williams
Kyle Williams
Roger Nelson
Chad Barnett
Terrell Beasley
Terry Dunn
Bobby Jackson
Alfred Lett
Reginald Pettway
Gregory Hurn
Rodney Benson
Stevie Clark, Jr.
Jeff Faircloth
Willie Harris
Zannie Murphy
Stephen Nelson
Arthur Thomas, Jr.
Juan Drain
Fred Jones
Anthony Bass
Sylvester Square
Thomas Babb
Courtney French
Tommy Ruffin, Jr.
Don Juzang
Charles Reese
Cecil Young
Talaine Dykes
Larry Stanton
Travesia Agee
Tony Young
Ernest Livingston
Thomas Knight
J.B. Simmons
Abraham Hunter
Dalton Jernigan
Tarris Bassett
Kevin Rowe
Dwight Austin
Tydrick Pore

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 Gregory, and the vote was as follows:

Ayes: Richardson, Carroll, Burrell, 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 857 CRAWFORD LANE (EAST TERMINUS OF CRAWFORD LANE) FROM R-1 AND B-1 TO B-1 (DISTRICT 2) (APPLICANT: BALL HEALTHCARE, INC.). The following resolution was introduced by Councilmember Copeland.

RESOLUTION 41-211-2010

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

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 the 15th day of June, 2010, 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 19th day of May, 2010.

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:

COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF CRAWFORD LANE (50 FOOT RIGHT OF WAY) AND THE EAST LINE OF OLD HOLTS ROAD; RUN EASTWARDLY, ALONG THE NORTH LINE OF CRAWFORD LANE 670.05 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE NORTH 04°-50’-00” EAST 445.00 FEET; THENCE SOUTH 83°-02’48” EAST 433.20 FEET; THENCE SOUTH 36°-26’-41” EAST 189.35 FEET; THENCE SOUTH 53°-51’-11” EAST 172.84 FEET TO A POINT ON THE NORTH LINE OF CRAWFORD LANE; THENCE SOUTH 75°-38’17” WEST ALONG SAID NORTH LINE 401.49 FEET TO THE P.C. OF A 261.48 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE IN A WESTWARDLY DIRECTION A DISTANCE OF 72.75 FEET TO THE P.T. THEREOF; THENCE NORTH 88°-27’-30” WEST ALONG THE NORTH RIGHT OF WAY OF CRAWFORD LANE 111.65 TO THE P.C. OF 263.73 FEET RADIUS CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE IN A WESTWARDLY DIRECTION 91.96 FEET TO THE P.T. THEREOF; THENCE SOUTH 71°-38’-02” WEST 59.44 FEET TO THE POINT OF BEGINNING; BEING LOCATED IN SECTIONS 9 AND 10, TOWNSHIP 4 SOUTH RANGE 1 WEST, MOBILE COUNTY, ALABAMA.

AND

FROM THE NORTHWEST CORNER OF LOT 21, BLOCK B, CARVER HOMES, AS RECORDED IN MAP BOOK 4 PAGES 74 -76 PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; RUN THENCE NORTH 73°-54’-33” EAST ALONG THE NORTH LINE OF LOTS 21 AND 23, A DISTANCE OF 47.12 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE SOUTH 51°-10’ EAST ALONG THE EAST LINE OF BLOCK B, CARVER HOMES, A DISTANCE OF 344.57 FEET TO THE SOUTHEAST CORNER OF LOT 36, BLOCK B; THENCE NORTH 74°-08’-24” EAST ALONG THE PROJECTED NORTH LINE OF CARVER STREET, 363.00 FEET MORE OR LESS TO A POINT ON THE WEST LINE OF TOULMIN BRANCH, HEREINAFTER REFERRED TO AS POINT B; THENCE NORTHWARDLY ALONG THE MEANDERINGS OF SAID WEST BANK 208.00 FEET MORE OR LESS TO A POINT THAT BEARS NORTH 10°-06’05” EAST 199.60 FEET FROM POINT B; THENCE SOUTH 78°-25’-03” WEST 233.11 FEET TO THE P.C. OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHWESTWARDLY, WESTWARDLY, AND NORTHWESTWARDLY ALONG THE ARC OF SAID CURVE 148.76 (CHORD BEARS SOUTH 67°-47’-50” WEST 99.65 FEET) TO THE POINT OF REVERSE CURVATURE WITH A CURVE HAVING A RADIUS OF 25.00 FOOT TO THE LEFT; THENCE WESTWARDLY ALONG THE ARC OF SAID CURVE 32.56 FEET THENCE SOUTH 78°-25’-03” WEST 85.30 FEET; THENCE NORTH 85°-37’-46” WEST 194.08 FEET TO THE POINT OF BEGINNING.
AND

COMMENCING AT THE SOUTHEAST CORNER OF MOTON STREET AND CRAWFORD LANE THENCE NORTH 73°-54’-33” EAST ALONG THE SOUTH LINE OF CRAWFORD LANE 296.95 FEET TO THE NORTHEAST CORNER OF LOT 23, BLOCK B, CARVER HOMES AS RECORDED IN MAP BOOK 4, PAGES 74-76, PROBATE COURT RECORDS, MOBILE COUNTY, ALABAMA; THENCE SOUTH 85°-37’-46” EAST AND CONTINUING ALONG THE SOUTH LINE OF CRAWFORD LANE 194.08 FEET; THENCE NORTH 78°-25’-03” EAST AND CONTINUING ALONG THE SOUTH LINE OF CRAWFORD LANE 207.35 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE NORTH 78°-25’-03” EAST AND CONTINUING ALONG THE SOUTH LINE OF CRAWFORD LANE 233.11 FEET TO A BSI CAPPED REBAR; THENCE CONTINUE NORTH 78°-25’-03” EAST 26.50 FEET MORE OR LESS TO THE WEST MARGIN OF TOULMIN BRANCH; THENCE NORTHWARDLY ALONG THE MEANDERINGS OF SAID WEST MARGIN 47.00 FEET MORE OR LESS TO THE NORTH LINE OF CRAWFORD LANE; THENCE SOUTH 78°-24’-15” WEST ALONG SAID NORTH LINE 34.50 FEET MORE OR LESS TO A CRIMP TOP IRON; THENCE SOUTH 78°-24’-15” WEST AND CONTINUE ALONG THE NORTH LINE OF CRAWFORD LANE 290.09 FEET; THENCE EASTWARDLY AND SOUTHWARDLY ALONG THE ARC OF A 50 FOOT RADIUS CURVE THE RIGHT A DISTANCE OF 73.44 FEET (CHORD BEARS SOUTH 59°-30’-55” EAST 67.02 FEET) TO THE POINT OF BEGINNING.

The classification of said property is hereby changed from R-1, Single-Family Residential District, and B-1, Buffer Business 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) completion of the Vacation process for the unopened East terminus of Crawford Lane; 2) completion of the subdivision process; 3) provision of appropriate residential buffers as required by Section 64-4.D.1. of the Zoning Ordinance; 4) compliance with Forestry Comments: “Property to be developed in compliance with state and local laws that pertain to tree preservation and protection on both city and private properties (State Act 61-929 and City Code Chapters 57 and 64). Preservation status is to be given to the 60” Live Oak Tree located in front of the existing Structure. Any work on or under this tree is to be permitted and coordinated with Urban Forestry; removal to be permitted only in the case of disease or impending danger.”; 5) full compliance with tree planting and landscape requirements; 6) installation of sidewalks along Crawford Lane, or approval of a sidewalk waiver application by the Planning Commission; and, 7) full compliance with all other municipal codes and ordinances.

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

The resolution was read by the City Clerk; 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, Burrell, 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 AT 5930 MOFFETT ROAD (EAST SIDE OF MOFFETT ROAD AT THE EAST TERMINUS OF POWELL DRIVE) FROM B-3 AND R-3 TO R-3 (DISTRICT 7) (APPLICANT: HERMAN NEESE). The following resolution was introduced by Councilmember Copeland.

RESOLUTION 41-212-2010

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached

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